Family of New Yorker Trampled at Wal-Mart Sues Retailer
East News December 4, 2008
The family of a New York man killed in a stampede of frenzied holiday shoppers has filed a wrongful death lawsuit against Wal-Mart Stores Inc. seeking unspecified damages.
Shoppers on New York's ...
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Subject: Workers' Compensation may bar PI suit
Posted On: December 4, 2008, 1:23 pm CST
Posted By: Steven R. Sundheim, Esq.
Comment:
Since the death is an accidental one that was surely never intended by Walmart management even if they mis-estimated the danger to their staff, NY law on workers' compensation should be the sole remedy permitted to the worker's next of kin rather than a PI suit for tort damages. Walmart might make a deal anyway for public relations reasons but I think they have a strong legal defense from a technical standpoint - even if comp benefits would be way lower than a Bronx jury award might be if the case can survive to get to trial and verdict.
Subject: Workers' Compensation may bar PI suit