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Walmart Stampede Update - 12/3/2008 1:59:57 PM   
BlackPhx


Posts: 3432
Joined: 11/8/2006
Status: offline 		Walmart states they are working with the NY authorities in the Stampede death of the employee on Black Friday
http://arkansasmatters.com/content/fulltext/news/?cid=158361

Jdimytai Damour's family however has started a law suit against Walmart , Nassau County, on Long Island, and its police department holding them liable for his death

http://www.msnbc.msn.com/id/28034543/?ocid=MSNToolbar100

poenkitten
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RE: Walmart Stampede Update - 12/3/2008 3:56:03 PM   
servantheart


Posts: 960
Joined: 10/26/2006
From: Houston, TX
Status: offline 		Maybe I missed something here, but why is the county and its police department named as codefendants in the lawsuit filed by the victim's family? 
 


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RE: Walmart Stampede Update - 12/3/2008 4:58:06 PM   
BlackPhx


Posts: 3432
Joined: 11/8/2006
Status: offline 		The best I can figure is they are holding the county and police responsible for not anticipating the crush and supplying crowd control officers to ensure safety. If they did have officers out there, they may have a case for not having supplied enough to handle the numbers or not calling for backup when they saw how large the crowd had grown. More than likely however they do not have a case against the county or police and a nebulous one at best against Wal-mart..there is however a Lawyer who will take any case just for the publicity.

poenkitten



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RE: Walmart Stampede Update - 12/3/2008 5:00:15 PM   
thishereboi


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quote:

ORIGINAL: servantheart

Maybe I missed something here, but why is the county and its police department named as codefendants in the lawsuit filed by the victim's family? 
 



Maybe they think they can get more money that way.

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RE: Walmart Stampede Update - 12/3/2008 5:17:34 PM   
Lynnxz


Posts: 4813
Joined: 10/3/2006
From: Atlanta
Status: offline 		Apparently the cops were at the Walmart, but didn't do much to help turn the tide. *Shrug*

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RE: Walmart Stampede Update - 12/3/2008 6:10:49 PM   
BlackPhx


Posts: 3432
Joined: 11/8/2006
Status: offline 		If they were there, could evaluate the numbers and didn't call for more officers to help control the feed and crowd, then yes they could be held liable.

poenkitten

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RE: Walmart Stampede Update - 12/3/2008 6:23:11 PM   
TribeTziyon


Posts: 264
Joined: 10/25/2005
Status: offline 		It is probably sue every one and their dead uncle. More chances of money.

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RE: Walmart Stampede Update - 12/3/2008 6:24:10 PM   
bestbabync


Posts: 1061
Joined: 7/25/2007
Status: offline 		the main reason for the civil suit is the lack of planning done by Walmart and the local police.  from what i have heard there have been problems at this Walmart previously like what happened black friday.  the police on friday morning when responding to the overcrowding/disturbance found a mob.  the chaos and insanity wheels were already turning.  two to ten cops could not have put a dent in the malay at that point!

Walmart should have pre-planned!  hire officers to work the front of the business along side Walmart employees by keeping peace as the customers arrived and making it well known that persons causing problems will immediately go to JAIL.  

< Message edited by bestbabync -- 12/3/2008 6:25:41 PM >

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RE: Walmart Stampede Update - 12/3/2008 6:27:28 PM   
painpup


Posts: 132
Joined: 2/16/2005
Status: offline 		JUST SAY NO TO WALMART  SUPORT LOCAL BUSINESS

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RE: Walmart Stampede Update - 12/3/2008 7:19:33 PM   
Aneirin


Posts: 6121
Joined: 3/18/2006
From: Tamaris
Status: offline 		Put a cop at the front entrance, possibly the cop would have been trampled as well.

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RE: Walmart Stampede Update - 12/3/2008 7:49:47 PM   
bestbabync


Posts: 1061
Joined: 7/25/2007
Status: offline 		yes that is true Aneirin, had the cop took position after the mob became chaotic. but proper planning would have prevented the chaos.  if only off duty officers were hired to work with Walmart employees, using tape and barracades/barrels/cones etc to form lines.  with enough pre-planning, uniforms and order present, people would not have become agitated and dangerous.  

< Message edited by bestbabync -- 12/3/2008 7:50:40 PM >

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RE: Walmart Stampede Update - 12/3/2008 8:00:37 PM   
TNstepsout


Posts: 1558
Joined: 8/3/2005
Status: offline 		I think they do have a case against Walmart. I think they will be able to show that there were enough previous instances of injuries or near injuries in similar stampedes that Walmart should have known and anticipated the problem and changed their tactics. Had this been the first time they ever held an event like this and had no way of anticipating the crowd, they might stand a chance, but they knew these events were extremely dangerous. I think they were negligent and should have known that it was a matter of time before something like this happened.



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RE: Walmart Stampede Update - 12/3/2008 8:08:05 PM   
bestbabync


Posts: 1061
Joined: 7/25/2007
Status: offline 		 the tactics i mentioned in my previous post many businesses have already implemented due to learning this hard lesson early on.

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"A woman is the only thing I am afraid of that I know will not hurt me" Abraham Lincoln
"Choose Life, your mother did!"
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RE: Walmart Stampede Update - 12/3/2008 11:31:36 PM   
NuevaVida


Posts: 6707
Joined: 8/5/2008
Status: offline
quote:

ORIGINAL: servantheart

Maybe I missed something here, but why is the county and its police department named as codefendants in the lawsuit filed by the victim's family? 
 



Years and years ago I was in an accident on my way to work, in which two youngsters darted out into the street busy street, (no crosswalk) and I didn't see them until a split second before impact. Fortunately, very fortunately, their injuries were minimal, considering what could have happened. One broke his leg, the other had a concussion. When the police came, they explained to me this is why they call these "accidents," and that I was not at fault at all (tell my conscious that).

The point is, their parents sued me, the city (for not having a cross walk there even though there was no stop light or stop sign), and the school district for putting the school bus stop on the opposite side of the busy road from their neighborhood.

My insurance company hired me a lawyer, who in turn, urged me to file suit against the kids' parents, the city and the school district. I protested this rather emphatically. The lawyer explained that it's not that I want any money out of them, but the counter suit would protect me from ALL of them coming after me and taking me to the cleaners, fault or no fault, and would begin conversations with the family about settling out of court. It was a stressful and crazy ordeal but in the end, my counter suit had the city and school district dropping their claims against me, and my insurance company settled with the family for a much lower amount than originally demanded. My attorney's strategy worked exactly as he predicted.

It could very well be that the family is filing a claim against the police department - (a) to see what they can get out of everyone involved, and/or (b) so the police department doesn't point all fingers at the plaintiff's family for whatever reason.

It's all a big legal game, although they probably call it "strategy."

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