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Will the family of Jdimytai Damour file a lawsuit against Wall-Mart ?

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.

Settlement details:As reported by a major mainstream news source.

 
Forecast history %
Yes
75%
No
25%
Settled as Yes on Thu 4th Dec 2008 7:53am PST

Suspend date: Tue 31st Mar 8:59pm PST
Settlement date: Thu 4th Dec 2008 7:53am PST
Prediction 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
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
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/

Suspend date: Tue 31st Mar 8:59pm PST
Settlement date: Thu 4th Dec 2008 7:53am PST
Prediction 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 details

 

Predictions (73)

50 weeks ago
nakeya predicted Yes (H$100 at 89%)
50 weeks ago
lcsnor predicted Yes (H$150 at 89%)
50 weeks ago
talia62501 predicted Yes (H$20 at 82%)
50 weeks ago
sqlman[Admin] predicted Yes (H$867 at 86%)
50 weeks ago
fellcolor predicted Yes (H$1,700 at 85%)

Comments (5)

  1 deanthoreau
I sure hope so. I also hope that speedy shoppers that trampled a person to death are identified from the security video and all charged with murder, and are sentenced to working in a walmart the next black friday and standing at the front door; in addition to life imprisonment!
posted 50 weeks ago
@deanthoreau
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.
posted 50 weeks ago
  3 sqlman[Admin]
It's a yes: http://www.msnbc.msn.com/id/28034543/
posted 50 weeks ago
I completely agree with deanthoreau the shoppers who trampled him should be punished. There is no reason why they had to rush in with as much force to bend the metal door frame!!
posted 50 weeks ago
They already filed the suit like sqlman said. When this is settled they should check the date and time.
posted 50 weeks ago

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