Grean Bean, forgive me for the hijack here: Would the possible gross negligence here, in terms of how the death was allowed to happen (no proper crowd control, sending him out solely because of his size and his not having training in crowd control) supersede the strictures that would limit it to a workers comp case, had he been a Wal-Mart employee?
My first impulse was ire towards the hordes of bargain hunting shoppers who stampeded the worker. As bad as that is, it’s worth keeping in mind, as I know some people have mentioned, that people in crowds can’t always stay put or go where they wish, but may just be carried along with the rest. I think the truly liable and reprehensible party is the Walmart company, who had a duty to exercise control over the event and to provide appropriate security, organization, and logistics. IANAL, but I would say Walmart’s position right now is akin to a fish in a barrel. I hope they get soaked for hundreds of millions if not more.
The waves of people jumping on the lawsuit bandwagon has begun.