Lawyer: Family of Trampled Worker Sues Wal-Mart Over Death

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Nov 3, 2009
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 Jdimytai DamourThe siblings of a worker trampled to death by Wal-Mart shoppers looking for Black Friday bargains have filed a lawsuit against the retailer and the shopping center.Jdimytai Damour’s three sisters and brother filed the wrongful death suit Wednesday, according to their attorney, Jordan Hecht of the Hecht, Kleeger, Pintel and Damashek Law Firm.“We’re going to be suing Wal-Mart as well as the owner of the mall, the security company, and we’re contemplating an action against the police and the county of Nassau, although we’re waiting to see what our investigation fleshes out about their involvement,” Hecht told FOXNews.com Tuesday.Named in the suit are Wal-Mart, Green Acres Mall in Nassau County, N.Y., Vornado Realty Trust and Securitas Security Services USA.Damour, a 6-foot-5, 270-pound temporary worker, was asphyxiated at the Wal-Mart in Valley Stream, N.Y., Friday morning while trying to shield a pregnant shopper from the throngs of bargain hunters pushing their way in.The suit was filed in New York Supreme Court in the Bronx on behalf of Elsie Damour Phillipe, one of Damour’s sisters who is the administrator of the dead man’s estate.It alleges that Damour’s death resulted from “the carelessness, recklessness, wanton disregard for public safety and gross negligence of the defendants … in the staging, conducting and advertising for sales events.”Nassau County Police Commissioner Lawrence Mulvey told FOX News on Monday that investigators were scanning surveillance tape in an effort to identify individual shoppers involved in the melee.“We are reviewing film … from individual cell phones, from cameras that are in place in the store, trying to identify, if in fact we can identify, people that are culpable in this,” Mulvey said. “And it is difficult because a lot of people in the front of the line were pushed forward, and it’s difficult for us to decipher who is more responsible in all of this.”But ...
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2008

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  Jdimytai Damour The siblings of a worker trampled to death by Wal-Mart shoppers looking for Black Friday bargains have filed a lawsuit against the retailer and the shopping center. Jdimytai Damour’s three sisters and brother filed the wrongful death suit Wednesday, according to their attorney, Jordan Hecht of the Hecht, Kleeger, Pintel and Damashek Law Firm. “We’re going to be suing Wal-Mart as well as the owner of the mall, the security company, and we’re contemplating an action against the police and the county of Nassau, although we’re waiting to see what our investigation fleshes out about their involvement,” Hecht told FOXNews.com Tuesday. Named in the suit are Wal-Mart, Green Acres Mall in Nassau County, N.Y., Vornado Realty Trust and Securitas Security Services USA. Damour, a 6-foot-5, 270-pound temporary worker, was asphyxiated at the Wal-Mart in Valley Stream, N.Y., Friday morning while trying to shield a pregnant shopper from the throngs of bargain hunters pushing their way in. The suit was filed in New York Supreme Court in the Bronx on behalf of Elsie Damour Phillipe, one of Damour’s sisters who is the administrator of the dead man’s estate. It alleges that Damour’s death resulted from “the carelessness, recklessness, wanton disregard for public safety and gross negligence of the defendants … in the staging, conducting and advertising for sales events.” Nassau County Police Commissioner Lawrence Mulvey told FOX News on Monday that investigators were scanning surveillance tape in an effort to identify individual shoppers involved in the melee. “We are reviewing film … from individual cell phones, from cameras that are in place in the store, trying to identify, if in fact we can identify, people that are culpable in this,” Mulvey said. “And it is difficult because a lot of people in the front of the line were pushed forward, and it’s difficult for us to decipher who i
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