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Second lawsuit filed against Walmart after mass shooting in Chesapeake

The two lawsuits against Walmart were filed on behalf of two employees who were working when the shooting occurred
Walmart Mass Shooting
Posted at 7:21 AM, Dec 06, 2022
and last updated 2022-12-06 19:56:08-05

CHESAPEAKE, Va. — A second lawsuit seeking $50 million has been filed on behalf of a Walmart employee after the mass shooting at the Walmart on Sam’s Circle.

The lawsuit, filed December 1 by Morgan & Morgan, says James Kelly was working at the Chesapeake Walmart on November 22 when store manager Andre Bing shot and killed six employees.

The lawsuit states, “James Kelly witnessed several of his coworkers being brutally murdered," and that "Mr. Kelly ran out of the break room as fast as he could. In the process of escaping, Mr. Kelly fell, injuring his right ankle.”

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Kelly alleges in the lawsuit that Bing verbally harassed and badgered him during his employment. He also alleges that Bing “was known for being a mean and cruel supervisor,” and that Kelly complained to Walmart about Bing's behavior prior to the shooting.

The first lawsuit, also filed by Morgan & Morgan on behalf of employee Donya Prioleau, alleges Walmart knew about Bing's concerning behavior, and decided to keep him on at the store. Prioleau is also seeking $50 million from the grocery store chain.

In addition to his ankle injury, the lawsuit states that following the shooting, Kelly has experienced “sleeplessness, flashbacks, severe anxiety, stomach pain, loss of appetite and nightmares.”

Walmart responded to the lawsuit Tuesday:

“The entire Walmart family is heartbroken by the loss of the valued members of our team. Our deepest sympathies go out to our associates and everyone impacted, including those who were injured. We are focused on supporting all our associates with significant resources, including counseling. We are reviewing the complaint and will be responding as appropriate with the court.

Also, Walmart U.S. President and CEO recently issued a memo to associates [corporate.walmart.com] that we have shared on our website detailing the steps we have taken since the horrific tragedy."