Black Friday Madness: Remembering Jdimytai Damour

Posted by AzBlueMeanie:

While I was trying to enjoy a rare night of television on Monday night, I was constantly barraged by television ads from major retailers for their "Black Friday" sales: Open at 5 a.m.! Open at 4 a.m.! Open Thanksgiving Day!

After the tragic trampling death of Jdimytai Damour, a part-time security worker at a Long Island, NY Wal-Mart on "Black Friday" last year, there were calls from legislators across the country to ban these early hour openings and deep discount sales on a limited amount of items on hand to discourage such animal behavior.

As far as I can find, no legislation has been enacted to curtail these shameful practices by retailers. Based upon the ads currently airing on television, retailers are back to their manipulative ways. No lessons learned. No precautions taken. No shame.

Who will be the next unnecessary victim of this senseless crime?

As I posted here Jdimytai Damour and here Update: Jdimytai Damour last year:

Newsday, the daily newspaper of Long Island, reported that the family of Mr. Damour (pictured at right) hired an attorney and is suing Wal-Mart and other entities for wrongful death. Relatives of NY worker killed in Black Friday shoppers' stampede sue Wal-Mart, other companies — Newsday.com:

The family of the Valley Stream Wal-Mart employee trampled to death on "Black Friday" filed a lawsuit Wednesday in New York State Supreme Court in the Bronx, the Associated Press is reporting.

The wrongful-death lawsuit was filed on behalf of Elsie Damour Phillipe, the sister of victim Jdimytai Damour, a temporary employee who was trampled to death when an estimated 2,000 customers broke down doors and stormed into the store in the Green Acres Mall before dawn last Friday.

It claims store ads offering deep discounts "created an atmosphere of competition and anxiety" that led to "crowd craze."

The lawsuit also claims that besides failing to provide adequate security for a pre-dawn crowd estimated at 2,000, Wal-Mart "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent."

Here is an update on what has occurred over the past year.

Wal-Mart agreed to implement new security plans and pay $1.2 million to avoid criminal prosecution in the trampling death of a Long Island security worker at a Black Friday sale. Wal-Mart to avoid criminal charges in stampede death; Jdimytai Damour's family not happy (May 6, 2009):

The retailing giant also set aside $400,000 to compensate the family of victim Jdimytai Damour, 34, and other injured victims, although the dead man's relatives rejected the offer as "shameful."

"This agreement does more than any criminal prosecution could ever accomplish," said Nassau County District Attorney Kathleen Rice.

Damour's lawyer blasted Rice for allowing Wal-Mart to buy its way out of the case and failing to notify the victim's family of the deal.

"The ability of Wal-Mart to dictate the results of this criminal investigation demonstrates the epitome of corporate arrogance," said Andrew Libo, the family's lawyer. "Justice is not for sale."

* * *

Rice said the company only faced a paltry $10,000 in fines if it had been convicted in the shocking case.

Wal-Mart said the settlement showed the store wanted to make amends for the deadly stampede, which it called a "tragedy."

"We never want it to happen again," said Wal-Mart exec Hank Mullany. "We're committed to learning from it."

Wal-Mart did not have to admit any liability in the settlement.

The federal Occupational Safety and Health Administration (OSHA) cited Wal-Mart with a $7,000 fine – the maximum penalty allowed by law, but a paltry sum for the country's largest corporation. $7K fine for Wal-Mart for Black Friday stampede death (May 27, 2009):

"Effective planning and crowd management could have prevented this incident and its grave consequences," said OSHA administrator Robert Kulich.

This year, many Wal-Mart stores will stay open on Thanksgiving Day through "Black Friday" to avert the tragic accident last year when part-time security worker Djimytai Damour was trampled to death at a Long Island Wal-Mart. Wal-Mart holds sales through Black Friday 2009 to avoid deadly shopper frenzy (November 12, 2009):

The world's largest retailer says day-after-Thanksgiving sales will begin at 5 a.m. Nov. 27, but most U.S. stores will be open 24 hours to prevent a mad dash.

Instead of lining up outside, customers can gather in different areas of the store, waiting for the deals to begin, said spokesman David Tovar.

* * *

Wal-Mart was required to create improved crowd management plans for all of its 92 New York stores as part of a deal with prosecutors that avoided criminal charges in the trampling death.

Danielle Damour, the sister of Jdimytai Damour, says the store's attempts to improve safety around are too little, too late. Sister of worker Jdimytai Damour who died in Wal-Mart Black Friday stampede blasts 'new rules'

[Damour] believes the retailer's new crowd control measures are more about preserving its image than looking after its staff.

* * *

"These new rules are for the newspapers. It's all for show."

* * *

Damour's family filed a [civil] lawsuit against Wal-Mart, and lawyers said "positive discussions" were taking place between the two sides.

Adbusters magazine celebrates the 18th annual Buy Nothing Day on "Black Friday" this year. Buy Nothing Day (BND) is an international day of protest against consumerism observed by social activists and environmentalists.

Yeah, good luck with that.

As Sgt. Phil Esterhaus (Michael Conrad) of Hill Street Blues used to say, "Let's be careful out there." There is nothing you need so badly to die for it — or to kill someone else for it.