MAY 6, 2009, 11:32 A.M. ET Wal-Mart Agrees to Crowd-Control Plan
By ANN ZIMMERMAN Wall Street Journal http://online.wsj.com/article/SB124162304666392123.html#printMode Wal-Mart Stores Inc. agreed to upgrade post-Thanksgiving Day crowd-control measures in its 92 New York stores to avoid prosecution by the Nassau County District Attorney in the November trampling death of a temporary worker. The retailer also agreed to have its plan approved by independent safety consultants and to provide restitution to other victims of the melee. In addition, Wal-Mart is donating $1.5 million to Nassau County social-service programs and has agreed to hire 50 local high school students annually for three years. Wal-Mart did not admit wrong-doing in connection with the incident. "Rather than bringing the world's largest retailer to court and imposing a small fine against them, I felt it was important to require significant safety changes that will affect the whole state," said Nassau County DA Kathleen Rice in a news conference Wednesday morning. The crowd-management plan was developed by a team of experts who have worked on NFL Super Bowls, Olympic games, concerts and national political conventions, said Hank Mullany, president of Wal-Mart's northeast division. Wal-Mart said after implementing the crowd-safety plan in New York it will consider expanding it to its stores nationwide. Jdimytai Damour, a 34-year-old temporary maintenance worker at a Wal-Mart in Valley Stream, N.Y., died of asphyxiation after he was knocked down and trampled by several hundred shoppers on the busy shopping day after Thanksgiving known as "Black Friday." The crowd burst through the store's front doors in a race to buy a limited assortment of discounted merchandise. At least four other people were treated at hospitals, but the DA said its office has identified 11 people who claim they were physically injured in the incident. Ms. Rice, the Nassau County District Attorney, joined the police in a criminal investigation into whether the Bentonville, Ark., retailer should have had better security at the store to prevent the mayhem. As part of the settlement in the case, the DA has suspended the investigation. But she said that Wal-Mart's failure to comply with any elements of the agreement over the next three years "could nullify the settlement and subject Wal-Mart to possible criminal charges." "We have never had a tragedy like this in our stores, and we don't want it to happen again," said Wal-Mart's Mr. Mullany. "We are committed to learning from it and making our stores even safer." Proceeds from a $400,00 remuneration and compensation fund will be provided to individuals with documented out-of-pocket expenses and injuries, including pain and suffering, stemming from the incident. Claimants who receive compensation will be required to waive their right to a separate civil suit against Wal-Mart. The family of Mr. Damour filed a wrongful-death lawsuit against the retailer, claiming store ads offering deep discounts "created an atmosphere of competition and anxiety" that led to "crowd craze." Mr. Damour's family is proceeding with its lawsuit, said a spokesman for the New York law firm Gersowitz Libo & Korek. -- ================================ George Antunes, Political Science Dept University of Houston; Houston, TX 77204 Voice: 713-743-3923 Fax: 713-743-3927 Mail: antunes at uh dot edu *********************************** * POST TO MEDIANEWS@ETSKYWARN.NET * *********************************** Medianews mailing list Medianews@etskywarn.net http://lists.etskywarn.net/mailman/listinfo/medianews
