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Family of man trampled at Wal-Mart sues retailer

Wed Dec 3, 2008 3:09pm EST

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NEW YORK, Dec 3 (Reuters) - The family of a man killed in a stampede of frenzied holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc (WMT.N) on Wednesday seeking unspecified damages.

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Shoppers on New York's Long Island broke down doors and surged into the Valley Stream Wal-Mart at 5 a.m. on Nov. 28, the day after Thanksgiving, known as "Black Friday," traditionally the busiest retail shopping day of the year.

Jdimytai Damour, 34, was knocked to the ground and trampled to death. He had been assigned to cover security as an independent contractor.

Damour's death was caused by "the carelessness, reckless negligence, wanton disregard for public safety and gross negligence" in the "staging, conducting and advertising for sales events," said the lawsuit, filed in Bronx Supreme Court.

The lawsuit also names the shopping mall where the incident occurred and the security company employed by Wal-Mart.

A Wal-Mart spokeswoman had no immediate comment. On Friday, the retailer said it was saddened by the incident.

New York's largest grocery workers union has urged authorities to investigate what it called "Wal-Mart's failure to provide a safe workplace."

Wal-Mart said it provided additional internal security and employees and third party security and worked closely with police to prepare for "Black Friday." (Reporting by Edith Honan, editing by Daniel Trotta)



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