Wal-Mart Brokers Deal in Trampling Death

The justification given by Nassau County District Attorney Kathleen Rice was that criminal charges against the retailer in the Damour's death would have resulted in the company facing only a $10,000 fine if convicted.

Instead, she said, the company has agreed to implement an improved crowd-management plan for "Black Friday" sales. The day after the U.S. Thanksgiving holiday is often called "Black Friday" and traditionally a huge shopping day for retailers.

At the same time, Wal-Mart will set up a $400,000 victims' compensation and remuneration fund, and give $1.5 million to local social services programs and nonprofit groups.

Edward H. Gersowitz, the attorney representing Jdimytai Damour's family in the aforementioned lawsuit, blasted the prosecutor over the settlement, saying that the family was not consulted before the deal was announced.

"The ability of Wal-Mart to, in effect, buy off this criminal investigation demonstrates the epitome of corporate arrogance that has become all too familiar in this day and age, and shows how Wal-Mart has nothing but contempt for the victims of such corporate malfeasance."

Naturally, any victims who accept payment from the Wal-Mart compensation fund will be required to waive their right to a separate civil suit against Wal-Mart, so I woudl anticipate Jdimytai Damour's family to not participate.