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An autopsy into the Black Friday death of an employee at Long Island Wal-Mart revealed that he was trampled to death. Newsday reports that Nassau County Police Commissioner Lawrence Mulvey said the finding showed Jdimyati Damour of Queens died of "positional asphyxiation."
An unruly, restless crowd of customers broke down the Valley Stream's store's doors and knocked the 34-year-old down in a stampede. Two people injured in the stampede have filed a $2 million notice of claim against Nassau County and the police (but not Wal-Mart?), citing, "injuries to their neck and back, including but not limited to injuries of emotional harm."
Yesterday, City Councilman James Gennaro introduced a bill to require retailers to provide adequate security for doorbusters sales. According to NY1, he said, "These early morning, middle of the night crushes of shoppers are essentially street activities and they should be regulated. And there should be requirements put forth, which fortunately some retailers already observe and they have security personnel and they have crowd control. But some don't and we have to make sure that in every case that is the case."
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Note to Coroner: Duh!
My kids were so confused by this story. My wife and I explained how this only happens when the folks responsible don't adequately plan. We talked about The Who concert in Cincinnati and when things like this happen in nightclubs when fire breaks out. This was poor planning by Wal-Mart. They worked the shoppers into a fever with the promise of inexpensive electronics and didn't have adequate security and store access.
"Autopsy: Wal-Mart Worker Was "Trampled to Death""
No shit Sherlock, really?
Autopsy performed by Captain Obvious.
I'd sue WalMart, and when they arrest the animals that did this, sue them. How is this the cop or the county's fault?
I am appalled that those two people would NOT sue Wal-Mart. I'm even more amazed that their lawyer actually counseled against suing Wal-Mart.
I guess people don't want to lose those amazing Black Friday sales.
first off, i don't see how the county or even the pd is at fault here. secondly, although wal-mart obviously was unprepared, how can these two people sue when they knowingly entered into this unruly crowd? it's getting to the point where people will have to sign waivers to pass the security checkpoints located at least 500 feet from the outside entrances to stadiums, shopping malls, etc. ridiculous
Maybe I'm wrong, but I thought you couldn't sue your own employer in New York State.
"I am appalled that those two people would NOT sue Wal-Mart. I'm even more amazed that their lawyer actually counseled against suing Wal-Mart."
It would be very hard to argue that Wal Mart has any legal obligation to anticipate or even expect that its customers will go completely berserk and start rampaging thru the store like a group of stupified, slobering wildebeests crazily fleeing an approaching lion.
Or perhaps I should say baboons, just to keep the analogy within the monkey realm.
Oh, the Wal-Mart suit is coming. In NY you have to file a Notice of Claim with the courts whenever you want to sue the state, or a county, or the police. You don't have to file this advance notice when suing a private corporation. From what I can see it really is negligence on the part of Wal-Mart and they will likely settle out of court as they aren't exactly hurting for cash. Sad but true.
Yet another frivolous lawsuit - no one forced them to stay there..
Whoops, read that wrong. Customers? Yeah, they should sue.
autopsy confirms man found in alligators stomach was eaten by an alligator.
second autopsy finds alligator was a vegetarian, man wandered in thru creatures rectum
Two more people suing? Hey wait a second, I think maybe I was at that WalMart, yeah... and hey didn't I break a nail, yeah... and isn't that worth at least a million bucks?
appalling that two, ahem, people who were pushing and shoving and stampeding are going to sue the county and the PD for a little soreness in their body. I'm sure the soreness came from the pushing, the shoving, the wrestling over $2 DVDs, and oh yeah, STOMPING ALL OVER A HUMAN BEING.
folks, if they win this suit, we will be paying them. our tax money. and thus, the cycle continues: fucking greedy little bastards will keep on feeling entitled and keep on not giving a shit about humanity. nobody in that crowd should be getting ANY money. they put themselves in that situation and they assumed the risk. surely they knew what their neighbors were like. nobody stands in line overnight for that long without knowing that when those doors open it will be survival of the fittest. there was no way people there thought this would be a calm peaceful stroll through wal-mart. fuck that.
Next time, Wal-mart employees should brandish electric cattle prods to control insane shoppers.
This was perhaps the dumbest & least deserving way to die. An honest, working man trampled by scum shopping for stuff, they cannot afford anyway. Wal-mart is cheap, but still too expensive for that welfare vermin.
All of those stores who offer some great bargain sale price to get people in the day after Thansgiving, should start handing out tickets. No ticket, you con't get into the store. You don't get into the parking lot. The stores will have to hire security...and maybe figure, its too much of a hassle, so just open at the regular time, with the regular sales.
I love how Walmart reopened the store, later in the day. Gawd, brings a tear to my eye, all that empathy and sentimentality...I mean, they closed for the ENTIRE morning, and into the afternoon!
Woops...forgot. The cops probably MADE them close, so they could investigate.
You know, that those people scheduld to work that day, during the closed hours, didn't get paid...
Any arrests? Was Plaxico Burress involved?
It would be very hard to argue that Wal Mart has any legal obligation to anticipate or even expect that its customers will go completely berserk and start rampaging thru the store like a group of stupified, slobering wildebeests crazily fleeing an approaching lion.
I ... can't believe I'm agreeing with someone named "Future Taliban" but: I agree with Future Taliban.
Suing Wal-Mart because human beings are fucking idiot sheep when brought together in large groups is insane.
Exactly, #8. In most states you have to notify any public agency or entity of intent to sue within 90 days. For all others, you have up to 3 years from the time you learn of an actionable incident. The victims would likely get a cheapo lawyer to file that notice and then get the barracuda to go after the deep pockets. All WalMart has to do is prove that they took every "reasonable and necessary step to insure the safety of their customers and employees". So what they'll do is aid law enforcement in identifying the faces in the throng that stampeded and then do a background search on them to show that these particular people were especially prone to negligent behavior. Then they shop for a mostly white jury to sell their bullshit to and settle for much less than the millions in the caption.
It would be very hard to argue that Wal Mart has any legal obligation to anticipate or even expect that its customers will go completely berserk and start rampaging thru the store like a group of stupified, slobering wildebeests crazily fleeing an approaching lion.
I saw a Sears print ad over the weekend advertising "door buster" sales.
no shit, sherlock. all i want for christmas is no more hyped up greed fests in this nation.
Cause of the incident: savegery of the crowd, you'd have to argue that Wal-Mart should have KNOWN these people would behave like savages.
#19 - You know Wal-Mart has a settlement already worked up. The company has mounds of insurance just for this occurrence. This will never see a courtroom.
Also, I hope they make the surveillance tapes public so we can all see the tramplers faces. Some good public disgrace is the only vindication the victim's family will get.
Filthy fucking greedy animals...
strong island
Whatever happened to personal responsibility? I know not all of us believe in Darwin (sadly), but a throng of rabid shoppers dead set on getting the 70% off TV before the last one goes is destined to practice deadly survival tactics.
The two injured people seem to be suing because they didn't get the steeply discounted TV and are being sore losers about it. I'm sorry they are injured, but next time go to the gym and bulk up or just stay home like anyone with a brain would do.
I don't see why this is the fault of Nassau County or the Nassau County PD, but the only people being sued here should be Wal Mart and the only people doing the suing should be the one dead victim's family, who was an employee killed in the line of duty, and not just another idiot customer who knew damn well knew what they were getting into but happened to get hurt.
Can I sue? I have not been able to sleep or eat since this happened and I just can not bring myself to enter a large store if there are alot people around. Do I have a case.
They need to let in no more than 20 people at a time to the stores. Or better still, eliminate these Black Friday sales. There's more to life than shopping.