Jdimytai Damour, 34, was crushed as he and other employees
tried to unlock the doors of the Wal-Mart at Green Acres Mall in Valley Stream,
New York on November 28, 2008.
The wrongful-death lawsuit was filed in New York Supreme
Court by the family's attorney, Jordan Hecht. The lawsuit names Wal-Mart and
the mall's owner, manager, and security firm as defendants, alleging that Damour's
death was caused by the "wanton disregard for public safety and gross
negligence of the defendants" and claiming store ads offering deep
discounts "created an atmosphere of competition and anxiety" that led
to "crowd craze."
Damour, who had been hired as a holiday worker for the Long
Island Wal-Mart, died of asphyxiation after being crushed by the crowd, which
broke down the electronic doors in frantic pursuit of bargains.
Wal-Mart issued a statement stating, "We are saddened
by the tragic occurrence, but we do not comment on pending or threatened
litigation." The retail chain did state, however, that it would cooperate
with local law enforcement officials to develop stronger safety measures for
the future.
