Created Sat 29th Nov 2008 11:41am PST by 
balcacer
All questions » General » Litigation » balcacer 
Will the family of Jdimytai Damour file a lawsuit against Wall-Mart ?
Settled as Yes
A lawsuit has been filed
http://www.rockymountainnews.com/news/2008/dec/03/victims-family-files-suit-wal-mart-stampede-death/
Background:
http://abclocal.go.com/wabc/story?section=news/local&id=6529135
A Wal-Mart employee died and four others were hurt in the Black Friday rush to get into the Valley Stream store Friday morning.
The injuries occurred as the shoppers crammed into the Wal-Mart when the doors opened at 5 a.m. Some 2,000 shoppers were waiting to get inside the store for Black Friday sales.
Police said the shoppers knocked the man to the ground at 5:03 a.m., three minutes after the store opened.Kimberly Cribbs, who witnessed the stampede, said shoppers were acting like "savages...When they were saying they had to leave, that an employee got killed, people were yelling 'I've been on line since yesterday morning.' They kept shopping."
An autopsy will determine the exact cause of death. He was later identified as Jdimytai Damour of Jamaica, Queens.
The Union has called on the Federal Occupational Safety and Health Administration, the New York State Department of Labor and the Nassau County Prosecutor to investigate Wal-Mart's failure to provide a safe workplace.
The motive/background of this question is here:
http://www.google.com/hostednews/ap/article/ALeqM5iQcTZBpE-AqrHw29tLzOCr9Zw-XQD94NCCI02
The family of an Arizona Wal-Mart employee shot to death by a mental patient has been awarded $36 million by a jury.
A Wal-Mart employee died and four others were hurt in the Black Friday rush to get into the Valley Stream store Friday morning.
The injuries occurred as the shoppers crammed into the Wal-Mart when the doors opened at 5 a.m. Some 2,000 shoppers were waiting to get inside the store for Black Friday sales.
Police said the shoppers knocked the man to the ground at 5:03 a.m., three minutes after the store opened.Kimberly Cribbs, who witnessed the stampede, said shoppers were acting like "savages...When they were saying they had to leave, that an employee got killed, people were yelling 'I've been on line since yesterday morning.' They kept shopping."
An autopsy will determine the exact cause of death. He was later identified as Jdimytai Damour of Jamaica, Queens.
The Union has called on the Federal Occupational Safety and Health Administration, the New York State Department of Labor and the Nassau County Prosecutor to investigate Wal-Mart's failure to provide a safe workplace.
The motive/background of this question is here:
http://www.google.com/hostednews/ap/article/ALeqM5iQcTZBpE-AqrHw29tLzOCr9Zw-XQD94NCCI02
The family of an Arizona Wal-Mart employee shot to death by a mental patient has been awarded $36 million by a jury.
Settlement details:
As reported by a major mainstream news source.
Settled
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Yes |
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No |
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Activity: H$53,601
Settled as Yes on Thu 4th Dec 2008 7:53am PST
Suspend date: Tue 31st Mar 9:59pm PDT (11 weeks to go) Settlement date: Thu 4th Dec 2008 7:53am PSTPrediction cut-off: Predictions on this question after Wed 3rd Dec 2008 9:35am PST have been voided because they were made after the question could be settled
Initial likelihoods: Yes: 70%
Action history:
Created Sat 29th Nov 2008 11:41am PST by balcacer
balcacer
Changed Question text Sun 30th Nov 2008 9:09am PST by 
ryanj![[Admin]](http://www.hubdub.com/images/icon_admin.gif "This user is an admin")
: show details
ryanj: show details ... the family of Jdimytai Damour filledfile a lawsuit against Wall-Mart
Changed Description Sun 30th Nov 2008 9:32am PST by ryanj: show details
ryanj: show details ... wabc/story?section=news/local&id=6529135">http://abclocal.go. ... wabc/story?section=news/local&id=6529135</a> <><br/> A Wal-Mart employee ... Jdimytai Damour of Jamaica, Queens. <.<br/> The Union has called ... of this question is here: <:<br/> <a href="http://www. ... /article/ALeqM5iQcTZBpE-AqrHw29tLzOCr9Zw-XQD94NCCI02</a> <><br/> The family of an ... $36 million by a jury. <.<br/> <br/> A Maricopa County Superior Court jury on Wednesday awarded the damages to the widow, two children and parents of Patrick Graham. The jury found the Virginia-based company 90 percent at fault in Graham's death and ordered it to split the payment with its Arizona subsidiary. <br/> <br/> An attorney for the Grahams accused ValueOptions of negligence for not following its own guidelines in caring for Liu. Liu had been off his medications for nearly eight months at the time of the shooting.
Settlement requested Wed 3rd Dec 2008 12pm PST by 
bout3fitty
: http://www.rockymountainnews.com/news/2008/dec/03/victims-family-files-suit-wal-mart-stampede-death/
bout3fitty: http://www.rockymountainnews.com/news/2008/dec/03/victims-family-files-suit-wal-mart-stampede-death/
Settlement requested Wed 3rd Dec 2008 3:40pm PST by balcacer: Wal-Mart Sued After N.Y. Stampede Death
Family Of Man Who Was Trampled To Death By Mob On Black Friday Also Suing Mall, Police Dept.
http://www.cbsnews.com/stories/2008/12/03/national/main4645925.shtml
balcacer: Wal-Mart Sued After N.Y. Stampede Death
Family Of Man Who Was Trampled To Death By Mob On Black Friday Also Suing Mall, Police Dept.
http://www.cbsnews.com/stories/2008/12/03/national/main4645925.shtml
Settled as 'Yes' Thu 4th Dec 2008 7:53am PST by ryanj: A lawsuit has been filed
http://www.rockymountainnews.com/news/2008/dec/03/victims-family-files-suit-wal-mart-stampede-death/
ryanj: A lawsuit has been filed
http://www.rockymountainnews.com/news/2008/dec/03/victims-family-files-suit-wal-mart-stampede-death/
Suspend date: Tue 31st Mar 9:59pm PDT (11 weeks to go) Settlement date: Thu 4th Dec 2008 7:53am PSTPrediction cut-off: Predictions on this question after Wed 3rd Dec 2008 9:35am PST have been voided because they were made after the question could be settled
more info...
Get widget!Predictions (73)
73 predictions
nakeya
predicted Yes (H$100 at 89%)
lcsnor
talia62501
sqlman
predicted Yes (H$1,700 at 85%)
valornhonor![[Power User]](http://www.hubdub.com/images/icon_superuser.gif "This user is a super user"){kind=icon}
predicted No (H$9 at 23%)Comments (5)
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This news is selected automatically based on the question, its background, options and tags
score: 10
CNEWS 4 weeks ago
GARDEN CITY, N.Y. - The family of a worker trampled to death in a 'Black Friday' crush of bargain hunters at a Long Island Wal-Mart store filed a wrongful-death lawsuit on Wednesday, claiming store ads offering deep discounts 'created an atmosphere of
score: 10
Mail Online UK 4 weeks ago
New York shoppers at a branch of Wal-Mart are suing the chain for wrongful death. Relatives of Jdimytai Damour are seeking unspecified damages from the retail giant, after the 34-year-old was knocked to the ground and trampled to death by shoppers who
score: 10
Canada.com 5 weeks ago
- The family of a man killed in a stampede of frenzied holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc Wednesday, seeking unspecified damages. Shoppers on New York's Long Island broke down doors and surged into the Valley
score: 10
Herald Sun 5 weeks ago
of a man killed in a stampede of frenzied holiday shoppers have filed a wrongful death lawsuit against Wal-Mart Stores. Shoppers on New York's Long Island broke down doors and surged into the Valley Stream Wal-Mart at 5am on November 28, the day after
score: 10
CNBC 5 weeks ago
- The family of a man killed in a stampede of frenzied holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc on Wednesday, seeking unspecified damages. Shoppers on New York's Long Island broke down doors and surged into the Valley
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New in General » Litigation
I share your sentiments completely, but read on to hear what I just learned::
A legal expert was on one of the afternoon news programs on Monday, CNN or Fox. He said that this type of case has to be handled through the workman's compensation board and that the wrongful death payout is computed by state actuarial numbers which simply put, take into the equation the wage he makes, multiplied by his working life expectancy and then a percentage of that is awarded to the family. Unless Wal-Mart can be shown to be grossly criminally negligent or displayed malice, this man's family cannot sue Wal-Mart and hope to win. In addition, this legal speaker said that if the police can verify the identity of the trampler(s) the family may pursue civil action against them personally. But these are Wal-Mart shoppers and chances are they don't have deep pockets. It is going to take a good lawyer who knows the workman's comp system to put this case in a position to sue Wal-Mart directly for the really big bucks.
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