Judge rules in Walmart’s favor in Chesapeake shooting lawsuit — but gives former employee chance to refile
Nearly five months after a horrific shooting killed six people at a Chesapeake Walmart, a judge in Chesapeake has allowed 30 more days for lawyers to gather additional evidence for a lawsuit filed against the retail giant.
On Wednesday, lawyers for Walmart and former employee Briana Tyler gathered in Chesapeake Circuit Court to argue whether Tyler’s injuries should be covered by workers compensation or through civil damages. Tyler says she narrowly missed being shot as the gunman, Andre Bing, chased after her.
Specifically, Wednesday’s hearing focused on a demurrer, or a written response to a complaint which pleads for a lawsuit’s dismissal. Demurrers argue that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. Circuit Judge Stephen Telfeyan sustained the demurrer, but Tyler’s lawyers have 30 days to refile with more evidence.
Mark J. Favalaro is an attorney for Tyler, an employee who worked the night of the shooting. She is seeking $50 million in damages from the company for failing to fire the shooter despite repeated complaints and concerns raised by other employees about his disturbing behavior.
Tyler’s complaint additionally argues that Bing’s estate is liable for her attempted murder, and for the injuries and other long-term health impacts she’s faced as a result. Bing killed six employees and himself the night of Nov. 22 after opening fire in the Walmart breakroom during a shift change. The remodeled store has since reopened with an outdoor memorial to the victims included in the new layout.
While both sides agree the shooting was between coworkers while at work, Favalaro argued Tyler’s circumstances differ and Bing’s attack on her was personal. A personal attack would not be covered under workers’ compensation, he said.
“It doesn’t matter where (the shooting) began,” he said during the hearing. “It matters where it ended up.”
In the weeks after the shooting, several of the store’s employees filed lawsuits against the company, but some have dropped those complaints with intent to refile. Attorneys for Walmart say Tyler’s injuries — and other employees’ — should fall under a worker’s compensation process since they were attacked while at work by another coworker.
In his arguments, Favalaro said Bing began shooting in the breakroom at about the same time a team meeting was supposed to begin. However, once he began to fire, he chased after Tyler, who ran out of the breakroom to escape gunfire. That, Favalaro argues, is one reason her case should go through the courts since he singled her out and ran after her.
Walmart, though, says Tyler was not specifically targeted. Instead, attorneys on Wednesday argued that Bing opened fire on all of his coworkers randomly, and there was no single intended target aside from Walmart employees in general. They also argued there is no evidence that Bing’s reason for shooting at Tyler was personal, meaning they had no relationship outside of work.
“Appalled and horrified by Bing’s actions and the resulting tragedies, Walmart stands firmly committed to its deceased and injured employees and grieves with their families,” the supercenter stated in a recent filing, adding that “Walmart provides workers’ compensation coverage to all its employees under the Act for injuries or deaths that occur in the workplace, including those from physical assaults by coworkers.”
It is unclear how much would be awarded under workers compensation.
Favalaro said he hopes Walmart will release the security footage from that night because it would further prove Bing personally targeted Tyler. At this point in the civil suit, there has been no court order for the store to release the footage.
“Briana Tyler deserves the right to pull back the curtain” about what happened that night, Favalaro reiterated in court. He said she is doing well, and her team plans to refile within the 30-day deadline.
Gregory Sandler has represented the estate and family of Randall Blevins, who died in the shooting. He said he encourages anyone who may have been at the store that night or who may have information about Bing to step forward and help the victims and their families. He told reporters Wednesday that the reopening of the store was difficult for Blevins’ family, who he said were told by Walmart representatives that the store would not reopen. He said the family also intends to refile.
“Unfortunately, (Blevins) is not here to tell us what happened that night,” Sandler said.
Eliza Noe, eliza.noe@virginiamedia.com
