The family of Jdimytai Damour, the man who was knocked to the ground and trampled to death at Walmart has filed a lawsuit against the retailer. The lawsuit alleges that Walmart was negligent in providing for the public safety in staging, conducting and advertising the sales event.
For those not familiar with the details, Damour was hired through an independent agency to do maintenance work. He had no experience in security or crowd control but was asked at the last minute to be the sacrificial lamb because he was 6 feet 7 inches tall and weighed 270 pounds.
The police left the scene before the doors opened for the event. The police claim that the crowd was peaceful at the time they observed the scene.
Over two thousand people were present at 5:00 a.m. lured by the prospect of obtaining deep sales on electronics and other items. When the doors opened, the crowed pushed the doors down and crushed Damour. A metal portion of the door frame was disfigured by the onslaught, reportedly crumpled like an accordion. When police attempted to help Damour, a number of officers were jostled by customers. An autopsy found that Mr Damour died of asphyxiation related to his trampling.
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Walmart said it provided additional internal security and employees and worked closely with police to prepare for the event. But if this is true, how did an untrained person end up being the person responsible for control of the crowd? When the crowd reached a certain level, did Walmart have a plan for controlling the crowd? Mr. Damour's death in my opinion was preventable and therefore I would look to Walmart to provide compensation unless they can prove that they did everything possible to prevent Mr. Damour's death.