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Two customers sued Wal-Mart for negligence. The two were injured in the Black Friday brawl at a Wal-Mart store in which an employee was killed through asphyxiation by the numerous customers who madly rush for post-Thanksgiving bargains.
The two are father and son. Fritz Mesadieu, 51, and Jonathan Mesadieu, 19, were allegedly carried from their position outside the store," they were slammed into other people and objects and are now suffering from pain in their neck and their back stemming from that incident at Wal-Mart, their attorney, Kenneth Mollins, said according to CNN.
The two also claim that they have sustained monetary losses as they had to pay health care and legal expenses “in the sum of $2 million,” according to the notice of claim filed by the two against Nassau and its police department. This was separate from the negligence lawsuit filed against Wal-Mart.
The two injured customers said that Nassau police were present at the Wal-Mart store before the deadly stampede occurred, but they didn’t do anything to prevent it. Furthermore, they left the scene of the stampede as it was happening.
"It was clearly foreseeable, but police either didn't see it, or saw it and didn't care and left anyway," their attorney said. "This is a tragic situation that could have and should have been avoided with the exercise of reasonable care.”
The stampede happened on Friday at 5 a.m. as the employees of a Wal-Mart store in Valley Stream, Long Island attempted to unlock the doors. The rush of people crushed Jdimytai Damour, 34, to death. He was a temporary employee.
Despite this tragic incident, the National Retail Federation vice president of loss prevention, Joseph LaRocca, said there won’t be passed specific laws regarding crowd control. LaRocca said the Wal-Mart stampede "certainly is not representative of what is happening in other parts of the country."
"We need to work closely with mall security and law enforcement and discuss and understand the situation before calling for anything additional in terms of legislation," LaRocca said in a telephone interview with Detroit Free Press.
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