Attorneys representing Walmart have asked a judge to throw out a lawsuit filed by employees who survived a mass shooting at a Virginia store last month. The survivors accuse the company of negligence for allowing the suspect to hold his management position despite having a history of violent and “strange behavior.”
The retail giant filed a request to a Virginia court to throw out three lawsuits, arguing they should instead file worker compensation claims, according to the legal filing obtained by the Hill. The staff lawsuits sought damages for negligent hiring and retention, which the Walmart attorney argued were not valid grounds to sue.
WALMART EMPLOYEE WHO SURVIVED MASS SHOOTING SUES COMPANY FOR $50 MILLION FOR NEGLIGENCE
Three employees — Donya Prioleau, James Kelly, and Briana Marie Tyler — sued the Walmart store in Chesapeake, Virginia, shortly after the mass shooting on Nov. 22 that left six dead and several others injured. Each of the plaintiffs sued for $50 million in damages, claiming they suffered physical injuries and post-traumatic stress disorder.
Walmart counters that it already provides compensation for “injuries or deaths,” including ones “that are the result of intentional assaults by coworkers.”
Prioleau was the first to file a lawsuit, accusing the company of negligence for allowing the suspect to hold his management position despite “numerous reports that [he] was bullying, threatening, and harassing other employees.”
Prioleau was hired as an overnight stocker and trainer in May 2021 and was responsible for stocking items after the store was scheduled to close on Nov. 22, the lawsuit says. She was under the direction of the suspected gunman, Andre Bing, who was hired in 2010 as a team leader for the overnight crew.
Throughout his tenure, Bing was repeatedly accused of inappropriate and violent behavior by his colleagues, according to the lawsuit. Prioleau submitted a number of these complaints herself, she said.
The lawsuit also stated that Bing told supervisors ahead of the shooting that he would retaliate if he was ever fired and “people will remember my name.” He was believed to have a “personal vendetta” against several Walmart employees, allegedly keeping a “kill list” of targets, according to the lawsuit.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Kelly’s and Tyler’s lawsuits recalled similar problems. All three staff were present when Bing opened fire, according to their filings.
A judge has not yet ruled on any of the cases, and it’s unclear whether the lawsuits will be dropped. A spokesperson for the company did not respond to a request for comment by the Washington Examiner.
