Survivor Sues Walmart For $50M After Virginia Shooting

CHESAPEAKE, VA — An employee who survived last week's shooting at a Chesapeake Walmart that left six people dead has filed a $50 million lawsuit against the company, claiming it was negligent in hiring and continuing to employ the shooter.

In the lawsuit obtained by WAVY, Donya Prioleau is suing Walmart for compensatory damages after claiming the company continued to employ 31-year-old Andre Bing despite "a pattern of disturbing behavior" leading up to the shooting. The suit was filed Tuesday in Chesapeake Circuit Court.

According to the lawsuit, Bing was disciplined numerous times for his "improper and disturbing interactions with others." The lawsuit claims he was demoted due to his actions but later reinstated as a team lead.

"Mr. Bing demonstrated a pattern of disturbing behavior leading up to the shooting, which Walmart knew, or should have known. Mr. Bing's behavior prior to the shooting put Walmart on notice that Mr. Bing was violent and could harm others," the lawsuit states. "Walmart knew or should have known about Mr. Bing's disturbing and threatening behavior, but failed to terminate Mr. Bing, restrict his access to common areas, conduct a thorough background investigation, or subject him to a mental health examination."

On Nov. 22, Bing gunned down six Walmart employees in the store's breakroom. He injured six others before turning the gun on himself.

Bing was an overnight team leader who had been a Walmart employee since 2010. Authorities said he was armed with one handgun and had multiple magazines on him. Police also confirmed Bing purchased the gun legally on the morning of the shooting. He had no criminal history.

On Friday, Chesapeake officials revealed more details about the shooting, including a note left by Bing.

"Sorry God I've failed you, this was not your fault but my own," the note read, in part. "I was harassed by idiots with low intelligence and a lack of wisdom I remained strong through most of the torment but my dignity was completely taken away beyond repair by my phone getting hacked."

Bing continued: "The associates gave me evil twisted grins, mocked me and celebrated my down fall the last day. That's why they suffer the same fate as me."

According to the lawsuit, Prioleau, who has been employed with Walmart as an overnight stocker and trainer since May 2021, was in the break room during the shooting. She managed to escape, the suit reads, but injured her knee and elbow.

"Bullets whizzed by Prioleau's face and left side, barely missing her," the suit reads. "She witnessed several of her coworkers being brutally murdered on either side of her."

According to the lawsuit, Prioleau submitted a formal complaint to the company in September, claiming Bing had "bizarrely and inappropriately" commented on Prioleau's age. Prioleau also complained to Walmart that Bing had harassed her for "being poor and being short."

The lawsuit also claims Bing asked Prioleau if she liked guns and that he reportedly told other employees that if he were ever fired, he would retaliate and "people will remember my name."

According to court documents, Prioleau's mother feared for her safety and reportedly spoke with the store manager on her daughter's behalf. Store manager Alysia Mixon allegedly said, "there was nothing that could be done about Mr. Bing because he was liked by management," according to the lawsuit.

The lawsuit claims that since the shooting, Prioleau has received "significant medical care and psychological injuries." She is seeking a judgment of $50 million for pain and suffering, current and future medical bills and lost wages.

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