CHESAPEAKE, Va. — Legal proceedings continue as the one-year anniversary of a Walmart employee fatally shooting six co-workers and then himself in Chesapeake continues.
On Wednesday, November 8, attorneys for both Walmart and Brianna Tyler appeared in Chesapeake Circuit Court.
Tyler was at the store the night of the shooting, Nov. 22, 2022, but her attorney Mark Favaloro said the bullets narrowly missed her. She is one of several people suing Walmart for $50 million in damages.
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Mr. Favaloro maintains that this is a personal attack and should not be considered as a workers’ compensation issue. Walmart’s lawyers argue that Mr. Tyler’s legal team has not proven this.
Favaloro said the gunman, Andre Bing, helped another colleague chase Tyler.
See previous coverage: Chesapeake Walmart shooting survivor claims shooting was personal attack
Chesapeake Walmart shooting survivor claims shooting was personal attack
“For me, it is [that this] “It wasn’t just a mass shooting where everyone in the break room was killed,” Favaloro said. “Mr. Bing made a distinction between one employee and another. As you know from this incident, one of the employees survived and the other did not. But Brianna As for Tyler, he tried to kill her. He pulled a gun, chased her into the store, and when he fired at her again, he missed her by inches.”
Walmart has not released surveillance footage that Tyler’s lawyers say could corroborate her testimony that Bing was chasing her. He told News 3 he wants to review her evidence as the case progresses.
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Walmart’s lawyers argue that the case could qualify for workers’ compensation without proving the attack was personal.
Judge Steven Telfeyan did not issue a ruling Wednesday. He said he wanted more time to consider some of the cases referenced by both defense teams.
Check out News 3 for the latest information.