UPDATE:Wal-Mart,Other Cos Sued Over Death Of Trampled Worker
By Chad Bray Of DOW JONES NEWSWIRES NEW YORK -(Dow Jones)- The family of a temporary worker killed during a stampede of shoppers at a Wal-Mart Stores Inc. (WMT) location on Long Island the day after Thanksgiving filed a wrongful-death lawsuit Wednesday against the company, the shopping center's operators and a security company.
The lawsuit, filed in New York State Supreme Court in the Bronx, alleged the death of Jdimytai Damour was caused by carelessness and reckless negligence on the part of Wal-Mart and others.
"The defendants and each of them engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent," the lawsuit said.
Damour, 34, was trampled when a crowd estimated at 2,000 people broke through the electronic doors at a Wal-Mart location in Valley Stream, N.Y., in search of bargains in the predawn hours early Friday. Authorities have said an autopsy revealed Damour died of asphyxiation.
The complaint makes a litany of allegations, including that the defendants failed to provide adequate security, failed to account for overcrowding and failed to implement a crowd-management plan. The lawsuit was filed by Elsie Damour Phillipe, his sister, and the court-appointed administrator of his estate.
It also names Vornado Realty Trust (VNO), Green Acres Mall LLC and Securitas Services USA Inc. as defendants.
"We are saddened by the tragic occurrence, but we do not comment on pending or threatened litigation," a Vornado spokeswoman said Wednesday.
Wal-Mart didn't immediately have a comment on Wednesday, while representatives of Green Acres and Securitas weren't immediately available to comment.
In a statement Monday, Hank Mullany, president of Wal-Mart's Northeast Division, said the company is cooperating with law enforcement as they conduct their investigation.
"Nothing is more important to us than providing a safe and secure shopping environment for our customers and associates," Mullany said.
-By Chad Bray, Dow Jones Newswires; 212-227-2017; chad.bray@dowjones.com
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(END) Dow Jones Newswires
December 03, 2008 16:38 ET (21:38 GMT)
Publié le 03 Décembre 2008 Copyright © 2008 Dowjones
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