Walmart Asks Judge To Dismiss Lawsuits After VA Shooting: Report

CHESAPEAKE, VA — Walmart is asking a Virginia judge to dismiss several lawsuits filed against the company following the November shooting at a Chesapeake store that left six people dead, according to a report.

In documents filed in Chesapeake Circuit Court last week, attorneys for Walmart wrote that Virginia law prevents workers from seeking personal injury claims when injured by a fellow employee on the job, The Virginian-Pilot reported. The law instead requires employees file a workers compensation claim.

The lawsuits were filed following the Nov. 22 shooting where 31-year-old Andre Bing gunned down several Walmart employees and injured six others before killing himself. Bing was an overnight team leader who had been a Walmart employee since 2010.

Those who filed suits against Walmart claimed the company was negligent in hiring and continuing to employ Bing. The lawsuits describe accounts of Bing's "pattern of disturbing behavior" leading up to the shooting.

In one lawsuit, Donya Prioleau is suing Walmart for $50 million in compensatory damages after claiming the company continued to employ Bing despite his behavior.

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.

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 said 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."

James Kelly, an overnight employee at the Chesapeake Walmart, also filed a $50 million suit against the company, according to Virginia Public Media.

Kelly’s lawsuit claims the shooter’s "violent outburst [was] predictable" and Walmart could have taken steps to prevent the shooting.

A third lawsuit filed by Briana Tyler claims she narrowly missed being shot when Bing entered the break room and opened fire, The Virginian-Pilot reported. According to the lawsuit, Tyler ran out of the room and Bing chased her, firing his gun as he pursued her.

Tyler is also seeking $50 million in damages.

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