One year after mass shooting, several lawsuits active against Walmart; workers’ compensation could severely limit recovery
CHESAPEAKE (WAVY) — The mass shooting of November 22, 2022 in Greenbrier led to several lawsuits against Walmart. Six people were killed. While one case has been set aside for the time being, four other lawsuits remain active, some for as much as $50 million.
The four active cases involve plaintiffs who were employees at the time and survived the incident — Donya Prioleau, who filed within a week of the shooting; Sarah Merlo, who was shot seven times yet survived; James Kelly, and Briana Tyler. An additional case was filed by Teresa Blevins on behalf of her husband Randy, who was killed that night. Blevins opted to close the case earlier this year with the option to refile later.
In Chesapeake Circuit Court two weeks ago, Walmart had its attorneys and so did Tyler. She had been working at the store on Battlefield Boulevard less than seven weeks when her shift supervisor began shooting.
Walmart said it’s a workers compensation case and therefore it can’t be sued. But Judge Stephen Telfeyan decided this week the Tyler lawsuit can continue.
He said Tyler’s claims are viable that Walmart should be responsible for the actions of its employee who opened fire — and the company should have recognized warning signs that he was a danger to others. Walmart can appeal. Telfeyan dismissed Tyler’s claims of either gross negligence or willful and wanton negligence.
Tyler was not wounded, but a bullet penetrated the hood of her jacket as the shooter chased her and shot at her before she was able to escape. Like three other lawsuits, Tyler is claiming physical injuries, extreme pain and suffering, and numerous emotional and psychological aftereffects, along with lost wages and medical costs.
If Walmart would prevail on any or all of the cases in its effort to make them workers compensation claims, attorneys told 10 On Your Side that Virginia has one of the strictest workers compensation laws in the nation.
The Code of Virginia spells out what the loss of various body parts or functions are worth if they’ve resulted from a workplace injury, and also details what dependents can recover if their loved one is killed on the job.
For example for a full-time worker making $15.50 per hour who was killed on the job, that victim’s dependents would be entitled to recover a maximum of about $207,000.
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