NORFOLK, Va. — A second employee of the Chesapeake Walmart where six employees were shot and killed last month has sued the company for $50 million in damages, alleging Walmart failed to act after he complained that the shooter harassed and threatened him.
The employee, James Kelly, was hired by Walmart on Aug. 1 as an overnight stocker clerk and worked on the team overseen by the gunman, according to the nine-page lawsuit filed in Chesapeake Circuit Court. Kelly was in the break room during a shift change when the shooting started Nov. 22 and witnessed several of his co-workers being killed. He was able to escape but fell in the process, injuring his right ankle.
The lawsuit, filed Dec. 1, states that Kelly had complained to Walmart that the shooter, Andre Bing, “harassed and badgered” him over the course of his employment there. At some point before the shooting, the shooter told Kelly “I don’t care how big you are. I have something to take care of that,” the lawsuit says. Police said the gunman, an overnight manager for Walmart, shot and killed himself.
Since the shooting, Kelly says he has experienced post-traumatic stress disorder, which has had physical manifestations and caused emotional distress. In addition to the ankle injury, Kelly has experienced sleeplessness, flashbacks, severe anxiety, stomach pain, loss of appetite and nightmares.
Walmart must reply within 21 days of being served with the lawsuit.
“Our deepest sympathies go out to our associates and everyone impacted, including those who were injured,” said Walmart spokesperson Marci Burks. “We are reviewing the complaint and will be responding as appropriate with the court,”
Kelly joins Donya Prioleau as the second employee at the Walmart to seek $50 million. No other lawsuits have been filed in Chesapeake Circuit Court against Walmart over the shooting as of Tuesday.
Both lawsuits, which were filed by the law firm Morgan and Morgan, note the shooter had a “long-standing pattern of disturbing and threatening behavior” and that his continued employment at the store allowed him to have access to the break room and other employee areas.
The shooter “repeatedly” asked his co-workers if they had received their active shooter training, both lawsuits state. When employees said they had, the lawsuits say he smiled and walked away.
“Mr. Bing had a reputation among Walmart employees for being the team lead to ‘watch out for,’” the complaints read. “It was well known that Mr. Bing had a bad attitude and would retaliate against five fellow employees for the smallest perceived slight or inadequacy. Mr. Bing was known for being a mean and cruel supervisor.”
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