The lawyers are rushing in to the Wal-mart death stampede case and the first lawsuit has already been filed. Yesterday an autopsy revealed that the dead employee died of “positional asphyxiation” or trampling to death.
Nassau police released the findings at a news conference in which they also defended themselves from criticism – including allegations of negligence by a father and son who filed a $2 million notice of claim against the county. “The flaw here really comes down to the planning and organization of the sales event,” Nassau Police Commissioner Lawrence Mulvey said.
Mulvey said that police had met with security officials from Green Acres Mall, where the store is located, “in anticipation of these sales.” “And the message was clearly portrayed to all those parties that these kinds of events fall within the purview of their security,” Mulvey said. “And they need to plan, organize and police them properly.
“We clearly put it on their plate,” he said. Hempstead residents Fritz Mesadieu, 51, and his son Jonathan, 19, filed a notice of claim against Nassau and its police department, as well as a separate negligence suit against Wal-Mart. The Mesadieus’ lawyer, Kenneth Mollins, of Melville, said the father and son were among those caught up in the shopping surge. They sustained neck and back injuries from being lifted off their feet and slammed into people and objects, Mollins said.
Many more lawsuits are expected.