Walmart employee who survived mass shooting files $50 million lawsuit
RICHMOND, Va. (WWBT) - One week after the shooting at a Chesapeake Walmart that left six employees dead, a survivor of the tragedy is filing a $50 million lawsuit against the company.
According to a lawsuit filed in Chesapeake Circuit Court, Donya Prioleau was an overnight stocker at the Walmart off of Battlefield Blvd, and that mass shooter was her manager.
The night of Nov. 22, the lawsuit said she watched as her coworker was brutally murdered in a break room.
It stated bullets whizzed past her face before she could run away but not without injuring her knee and elbow in the process.
The lawsuit claims Walmart was negligent in keeping her manager around after filing a complaint months before the shooting.
On Sept. 10, Prioleau filed a complaint against the shooter for bizarre and inappropriate comments toward her.
The document goes on to say that before the shooting, the gunman allegedly told other employees that if he were fired, he would retaliate, and people would remember his name.,
“The question in the lawsuit is, is this sufficient to put Walmart on notice that there was a foreseeable mass shooting in the future?” NBC12 legal analyst, Steve Benjamin, said.
Benjamin believes that is the question this lawsuit will rise or fall on.
The document goes on to say, upon information and belief, the shooter kept a kill list of potential targets prior to the shooting.
It also states upon further information and belief Walmart was aware of his behavior and threats but kept him employed.
“That’s lawyer talk for I don’t know, but I think they were aware, so it looks to me the plaintiff and her attorneys are counting on being permitted to go into the discovery process,” Benjamin said.
The second count in the lawsuit claims the shooter was acting under his role as manager while the incident happened and would hold Walmart responsible.
“He clearly was not acting within the scope of his employment,” Benjamin said. “ He was clearly not acting as an agent of Walmart. That ground, I think, is meritless.”
NBC12 reached out to Walmart for a statement on the lawsuit, and this was what was provided:
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