Black Friday Stampede Victims Family Sues Wal-Mart


The family of Jdimytai Damour, the 34-year-old temporary worker trampled at a New York Wal-Mart last Friday, has filed a wrongful death suit against the retailer and the shopping center where the incident occurred. Besides Wal-Mart and Green Acres Mall, Vornado Realty Trust and Securitas Security Services USA is named in the suit. Damour’s three sisters and brother are also contemplating action against the police and county of Nassau.

The suit alleges Damour’s death is the result of “the carelessness, recklessness negligence, wanton disregard for public safety and gross negligence of the defendants…in the staging, conducting and advertising for sales events.”

The six-foot-five 270-pound Damour was asphyxiated as he tried to shield a pregnant shopper from a crowd of bargain hunting shoppers on what is known as Black Friday. Nassau police are scouring surveillance video to see if they can identify individual shoppers who were part of the early morning chaos. It may be difficult to decide who is exactly responsible since those at the front of the line could have been shoved forward by those behind them.

According to the family’s lawyer, the retailer should have been prepared for the crowds since it offered products at such extreme discounts. He says, “I don’t think that it takes anyone with special training to understand that this is going to happen.” He goes on to cite the example of when the iPhone went on sale and how hundreds of retailers were prepared for it. Those retailers distributed cards and had people stand in a single file line. Wal-Mart, he says, did none of these things.

Wal-Mart Inc. issued a statement calling this a “tragic incident.” It claimed it had tried to prepare by adding barricades, staffers and security workers, as well as consulting with the police.

If you have been injured or lost a loved one due to the negligence of a retailer or other business, please contact an experienced premises liability attorney or wrongful death attorney near you, or find one through Personal