Wal-Mart trampling suit

by Walter Olson on December 3, 2008

Father and son Fritz Mesadieu and Jonathan Mesadieu say they were in the crowd during the now-notorious Black Friday crowd-crush episode at a Long Island Wal-Mart. They say they were left with neck and back pain for which they want $2 million. (Wisecracks about a stampede to court are in extremely poor taste and should be avoided.) Their attorney, who gets a prominent mention in the CNN coverage, is named as Kenneth Mollins, apparently the very same attorney Kenneth Mollins whose skill in transforming seemingly minor or transient injuries into litigation Ted saluted in June (h/t commenter Don Parks). (“Customers injured in crush suing Wal-Mart”, CNN, Dec. 2). More: Eric Turkewitz has some thoughts on the underlying liability issues, the Mesadieu/Mollins claim aside.

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“5 minute after” suits and the Wal-Mart trampling
12.04.08 at 10:52 am

{ 7 comments }

1 Kurt 12.03.08 at 6:07 am

Of course, they were the only two who were walking in an orderly manner. They were not pushing or rushing to get something on sale. They just happened to be strolling by the store that early in the morning and decided to buy something.

2 Todd Rogers 12.03.08 at 10:24 am

I’m going to not allow myself to read any of the details and just assume that Walmart could have (and should have) done more to prevent such foreseeable risks. Maybe if they had not dropped their prices so much there might have only been a handful of people and not a mob. Had they only played come calming music or handed out Zanax, and simply not been so competitive, this tragedy could have been avoided. I’m sure there is an email on some server from someone who warned executives about this and was not given due consideration.

3 Helly 12.03.08 at 11:03 am

At least they weren’t trampled on!

4 kimsch 12.03.08 at 5:04 pm

I think that even if that Walmart had one security person for each potential customer it wouldn’t have been enough. I don’t know how foreseeable it is that customers would rip the doors off the hinges.

5 Todd Rogers 12.03.08 at 5:49 pm

I’ve not heard of an expert witness who specialized in commercial door hinge strength. Me thinks said people are about to find a new career path.

6 Jason Barney 12.03.08 at 11:22 pm

David Horsey witty as always.

http://seattlepi.nwsource.com/horsey viewbydate.asp?ID=1869

7 Jason Barney 12.03.08 at 11:23 pm

Oops, pasted badly. Try this.

http://seattlepi.nwsource.com/horsey/viewbydate.asp?ID=1869

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