CHESAPEAKE, Va. (WABY) – One of several people who sued Walmart after last November’s mass shooting will soon find out whether the lawsuit can proceed.
Briana Tyler sues retail giant for $50 million After her shift boss murdered six people two days before Thanksgiving.
The legal issues at the center of the debate are: Same lawsuit filed by teacher Abby Zwirnershot by student in Newport News classroom in January: Is workplace shooting a workers’ compensation issue?
Walmart attorney Evans Edwards told Circuit Court Wednesday morning that violence between employees is a workers’ compensation matter, not a lawsuit, unless it’s a personal matter between the perpetrator and the victim. .
Mr Edwards said the assaults were carried out throughout the working day and that the attacker targeted numerous co-workers in addition to Mr Tyler.
“My client did not fall off the ladder,” Tyler’s attorney Mark Favaloro told Judge Steven Terfeyan…and Tyler was only in his seventh week on the night shift when he was shot. I would not have reasonably expected that to happen.
According to the complaint, Favaloro said it was personal because he told another employee, “You can go home,” moments after the gunman fired, hitting Tyler inches away. Ta. Favaloro said the gunman later decided to pursue Tyler and fired more shots as he entered the retail store at the Battlefield Boulevard store.
“This wasn’t just a mass shooting where everyone in the break room was the victim,” Favaloro said. “As for Brianna Tyler, he tried to kill her. He pulled her gun, chased her into her store, and when he fired at her again, he missed her by mere inches. It is.”
Tyler’s lawsuit also alleges that Walmart was negligent by failing to respond to a prior complaint that the gunman had threatened to kill people if he fired them. Walmart attorney Gibson Wright called the claims “frivolous,” but Favaloro said they showed the shooter’s intent.
Favaloro said Walmart has not yet released critical surveillance video that could help with the lawsuit.
“From what we understand, and this is included in the complaint, it showed video footage of a chase inside the store,” Favaloro said. “So no one knows what’s on that tape. It could have conversations, it could have something. I’m looking forward to seeing it.”
Telfeyan said he would consider relevant case law, but did not give a specific date for when he would make a decision on whether to proceed with the case.