Wal-Mart to Pay $1.9 Million to Avoid Criminal Charges for Post-Thanksgiving Day Sale Trampling Death

Wal-Mart, the largest retailer in the United States, will pay nearly $2 million and improve safety at its 92 stores in New York to avoid criminal charges in connection with the November 2008 death of a temporary worker who died after being trampled by a crush of shoppers seeking day-after-Thanksgiving deals.

Jdimytai Damour was crushed to death inside a Wal-Mart store in Valley Stream, N.Y. as a crowd of about 2,000 shoppers busted through the doors of the store and rushed inside. New York authorities opened a criminal investigation into the death and said the company could face charges stemming from Damour’s death.

Damour, a resident of Queens, died of asphyxiation. Eleven others, including a pregnant woman, were injured in the same incident.

Deal Reached to Avoid Criminal Charges

The company and New York prosecutors have now reached an agreement for the company to pay $1.5 million to Nassau County nonprofit groups and social service programs and another $400,000 to victims’ compensation fund. The company also will implement new measures to improve crowd management at Wal-Mart stores during post-Thanksgiving Day sales, which typically attract large, eager crowds of holiday bargain hunters.

About $1.2 million of the money will go to Nassau County’s Youth Board, which helps nonprofit agencies provide career development, employment training, and other opportunities to youth. Another $300,000 will be donated to the United Way of Long Island’s Youth Build Program in Nassau County. Wal-Mart also will hire 50 high school students each year to work in its five stores in the county, officials said.

In exchange, New York authorities agreed they will not seek to bring Wal-Mart to court on criminal charges related to the incident.

If Wal-Mart had been criminally prosecuted for Damour’s death, the company would have faced a maximum fine of only $10,000, authorities said. In agreeing to donate nearly $2 million to various charities in order to avoid prosecution, Wal-Mart made no admission of guilt for Damour’s death.

Civil Lawsuit May Follow

Damour’s family has previously said they plan to sue Wal-Mart for negligence causing the death of their loved one. It remains unclear what impact the deal to avoid criminal charges will have on that expected civil lawsuit.

The victims’ compensation fund to be established as part of the deal would serve to compensate others who were injured in the incident, official said. Victims who accept payment from the fund will be required to waive their right to a separate civil suit against Wal-Mart, according to authorities. Wal-Mart will advertise the compensation fund in the newspapers in Valley Stream and the surrounding neighborhoods.

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