Black Friday Victim's Family Sues Wal-Mart

Lawsuit claims store recklessly endangered deceased employee

December 4, 2008

• Wal-Mart Fined $7,000 for "Black Friday" Employee Death • Online Holiday Sales Dip • Christmas Sales Forecast Gets More Grim • Black Friday Victim's Family Sues Wal-Mart • Giving Without Shopping: Make It a Priceless Holiday • Cyber Monday Spending Jumps 15 Percent • More Evidence Consumers Plan to Reduce Holiday Spending • Retailers' "Desperation" to Mark Black Friday • 'Tis The Season For Stress & Depression • CPSC Offers Toy Safety Tips for Holiday Shopping • Consumers Playing Rebate Roulette This Holiday Season • Beware of Zero Percent Financing • Survey Finds Consumers Wary about Holiday Returns • NYC Fines Retailers for Return & Restocking Fee Violations • Retailers Urged to Curb Violent Video Games • Smart, Careful Shopping Will Help Keep the Season Bright • Video Game Industry Gets a D+ • Negative Option Scams May Snag Online Holiday Shoppers • Retailers' Return Policies Getting Tougher • Safety, Shopping, Charitable Giving Tips • Consumer Reports Holiday Guide • The Gift That Keeps On Taking • Best of All: Giving Without Shopping

The sisters of Jdimytai Darnour, the 34-year old Wal-Mart employee trampled to death on Black Friday, have sued the retailer for wrongful death. The suit, filed Wednesday in New York State Supreme Court in the Bronx, does not specify damages.

Accounts of Darnour's death early last Friday shocked the nation. The 6-foot, five inch, 270 pound employee was stationed at the main entrance as the store prepared to open around 5 a.m. A large crowd drawn by highly-publicized Black Friday bargains began pushing and shoving as the doors opened, witnesses say.

Despite his size, Darnour was knocked to the floor and crushed as shoppers literally ran over him to get inside. An autopsy showed that he died of asphyxiation.

Police officials in Nassau County, New York say they had warned retailers they would have to provide their own security and crowd control for Black Friday, which normally draws large crowds.

Nassau County Police Commissioner Lawrence Mulvey said the Wal-Mart store, located in Valley Stream, did not have adequate security on hand.

The lawsuit, naming Darnour's two sisters as plaintiffs, claims Wal-Mart "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent."

Police say there were an estimated 2,000 people lined up out side the store when it opened its doors.

Report Your Experience
If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.

Share		Follow us on Twitter.

Back to the top |