Trampled Wal-Mart Worker's Family Files Wrongful Death Suit

According to the lawsuit, 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." The lawsuit was filed in the Bronx Supreme Court.

At the same time, the family announced that it plans to sue both Nassau County, on Long Island, and its police department. Read: Black Friday Walmart Death: Worker Trampled.

At the time of the incident, New York State’s largest grocery union, Local 1500 of the United Food and Commercial Workers, called the death of Damour “avoidable.” Bruce Both, the union president:

“Where were the safety barriers? Where was security? How did store management not see dangerous numbers of customers barreling down on the store in such an unsafe manner? This is not just tragic; it rises to a level of blatant irresponsibility by Wal-Mart.”

Police continue to search for shoppers involved in the trampling death by using security footage, but the odds are not good. Neither Wal-Mart nor the mall responded to questions for comment.

Read: Police Hunt for Tramplers in Black Friday Wal-Mart Death.