The family of Jdimytai Damour has filed suit against Wal-Mart Stores, Inc.  The death, which The Oregonian (Ore.) called preventable, occurred on Black Friday.  While no amount of money can ever replace a lost loved-one, the hope is that Wal-Mart will respond by taking appropriate safety measures in future situations like this one to protect the Associates they claim to care so much about. Our hearts go out to the family of Jdimytai Damour. 

Victim’s kin file suit in Wal-Mart stampede death [Associated Press]

The family of a New York man who was trampled to death the day after Thanksgiving by a stampede of bargain hunting Wal-Mart shoppers has filed a wrongful death lawsuit.

The family also filed notice that Nassau County, on Long Island, and its police department will be sued.

The lawsuit against Wal-Mart and the Long Island mall where it is located was filed Wednesday in state Supreme Court in the Bronx on behalf of Elsie Damour Phillipe. Phillipe is the sister of victim Jdimytai Damour (DHMEE’-tree Di-MOHR’), and is the court-appointed administrator of his estate.

Damour, a temporary worker hired for the holiday season, was crushed to death when some 2,000 customers stormed into the Valley Stream store.

None of the defendants in the lawsuit immediately responded to requests for comment.

AS A FORMER EMPLOYEE OF WAL-MART, I was aware that my store had a “loss-prevention team” - which basically consisted of two obvious plain-clothed, unarmed “security officers” that walked around the store watching people shop, trying to catch shop-lifters.  These guys were likely moonlighting at Wal-Mart on their days off from bouncer-duty at the bar.  Nevertheless, occasionally they would catch someone stealing, and that’s where it all gets fuzzy.  Let me make it perfectly clear, these guys ARE NOT law enforcement officials so the level of actual ‘enforcement’ they were legally allowed to use always seemed unclear.  From what I understood, they were not allowed to physically intervene in a theft situation, just ‘escort’ them to the back, and call the police. They were not allowed to slam you face-first onto the ground.

Apparently a loss-prevention officer for a Wal-Mart in Spartanburg, S.C. never got that memo. WYFF-TV in South Carolina reports that a video-survellience camera captured footage of loss prevention officer, Joseph Gregorie bear-hug a 58-year-old woman, he suspected of shop-lifting, and slam her face-first into the ground.  Talk about your all-time, total losses of composure.  The woman sustained minor facial injuries and was taken to an area hospital.  Wal-Mart was vague when talking to WSNA-TV in South Carolina about their loss-prevention protocol:

“...the spokesperson said their employees do follow certain ‘asset protection’ protocols, but she said she could not go into details about those protocols because of this investigation.”

UPDATE: if you didn’t already see it, check out the comment below from loyal reader Rob. He reports seeing a similar situation at a store where he worked.

Wal-Mart Employee Charged With Assaulting Shopper [WSNA-TV (S.C.)]

A Wal-Mart employee faces charges after police say he slammed a woman suspected of shoplifting face-first into the ground.

It happened late Tuesday night at the Dorman Centre Wal-Mart in Spartanburg. According to police reports, Joseph Gregorie, the store’s loss prevention officer, saw a 58-year old Greer woman concealing items in a bag. Gregorie says when he confronted her, the woman dropped the bag and tried to run away. The woman, Deborah Blackwell, tells police that Gregorie “bear hugged” her and slammed her face-first into the ground. She suffered a large contusion on her left eye and an injured hand and had to be taken to the hospital by ambulance. Gregorie told police that he grabbed Blackwell and she lost her balance and they both fell. But after reviewing surveillance video, the investigating officer said it shows Gregorie “throwing her to the ground”. He took the evidence to a judge who signed arrest warrants for both Gregorie and Blackwell.

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According to the ABA Journal, Wal-Mart general counsel Tom Mars says he is considering initiatives to lower associate billing rates at the company’s outside law firms “to some point where they reflect value.”

Actually, that’s probably not a completely horrible idea. First-year and low-level law firm associates make, well...let’s just say one makes about as much in one year as 7-8 Wal-Mart “associates” do. Sure, they went to law school and work long hours, but does that qualify them to make up to $160,000 per year? Tom Mars says: “No...NOOOO, DAMMIT!!!! Now get off my lawn!!”

Earlier this year, Wal-Mart issued a memo to its law firms announcing a moratorium on across-the-board rate increases. So you may be wondering where Wal-Mart gets the brass balls to announce these “initiatives” and “moratoriums” and such? Probably because they employ half the private attorneys in the United States? I mean, seriously, without paying all the lawyer fees that they do, Wal-Mart could probably just start giving store product away. Really. Note to Tom Mars: If you stop breaking the law, you won’t have to worry about lawyer fees. Its a strategy, and I stand behind it.

After Freezing Fees, Wal-Mart GC Considers Cutting Associate Billing Rates [ABA Daily Journal]

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Today marks the debut of a new project from Wal-Mart Watch: Wal-Mart Employees Speak-Out. The new website is a chance for Wal-Mart’s employees and former employees to talk about how the retailer’s low wage, poor benefits business model impacts their lives. The site features user-submitted material in the form of comments, stories, and video testimonies. Check it out at: http://walmartspeakout.com.

Wal-Mart workers often face retaliation for speaking out about the many problems at the company. This website is a chance for them to speak out – anonymously, in many cases – without fear of being fired or demoted. The project comes at a time when working Americans are suffering more than ever, but while Wal-Mart reaps record profits as the largest corporation in the world.

Are you a former or current employee of Wal-Mart that has a story to share?  Click here to SPEAK OUT! All entries will be kept anonymous unless authorized. Speaking out helps others fight the unfair treatment Wal-Mart is infamous for. Help transform Wal-Mart into the kind of workplace it claims to be, and speak out against unfair policies at the company.