Tornado family sues Walmart.

[happygirl]

This is a local story for me. My guess would have been this people would have sued if he had left and been hurt. Walmart is darned if the do darned if the don't.


Tornado victim’s family names Joplin Wal-Mart in wrongful-death suit
By Emily Younker
news@joplinglobe.com

JOPLIN, Mo. — The family of a man killed inside the Wal-Mart Supercenter on Range Line Road during the May 22, 2011, tornado has filed a wrongful-death lawsuit against the Arkansas corporation and the store’s manager.

Janice Kirk and Jodelle Kirk, both of Joplin, are listed as plaintiffs in a lawsuit that was filed July 31 in Jasper County Circuit Court and transferred Friday to the U.S. District Court for the Western District of Missouri. They are the wife and daughter, respectively, of Stanley Kirk, 62, an aircraft engine technician who died as a result of injuries suffered during the EF-5 tornado that led to the deaths of 161 people.

The lawsuit names as defendants Wal-Mart Stores Inc., which operates Wal-Mart Supercenter Store No. 59, 1501 S. Range Line Road in Joplin, as well as the Joplin store’s manager, Andy Martin.

Janice Kirk and Jodelle Kirk did not respond to a message from the Globe seeking comment Saturday afternoon. Their Joplin-based attorneys, Ed Hershewe and Ashley Norman, also could not be reached for comment.

In response to a Globe request, Wal-Mart Stores Inc. issued a one-paragraph statement Saturday through Randy Hargrove, the company’s director of national media relations: “We extend our deepest sympathy to Mr. Kirk’s family. This was a horrible tragedy for Joplin. Walmart is committed to this community, and we have worked hard to help rebuild after this tragic event. We have protocols in place for severe weather, and the safety plan our associates implemented helped save lives. We stand behind our associates and how they handled this natural disaster.”

The Globe asked Wal-Mart for details about its emergency plans in the event of a tornado, but Hargrove said he could not comment beyond the statement.

According to the lawsuit, Kirk called his wife at about 5 p.m. on May 22, 2011, to tell her he was going to the Wal-Mart store for some golf equipment. Tornado sirens sounded in Joplin about 17 minutes later.

The lawsuit alleges that “sometime after the conversation with his wife, but before approximately 5:24 p.m., (Kirk) attempted to leave the store to return home. ... (Kirk) was forced to stay in the store and (was) directed to an unsafe/improper location.”

The plaintiffs allege that the defendants failed to allow Kirk to leave the store by locking the store’s doors, which they argue also prevented access into the store for emergency personnel. According to the court records, Kirk lived only three miles away, “or a seven-minute drive,” in an area that was not hit by the tornado, but was forced to stay in the store.

The lawsuit further argues that both the Wal-Mart corporation and the store manager were negligent that night, alleging that the defendants knew or should have known that:

• The store was “located in an area that was at a high risk of tornadoes and violent wind.”

• The store was “not constructed properly, considering this increased risk of violent storms and tornadoes.”

• There was “not a proper emergency plan in place at the store, including a lack of signage and identified safe areas/tornado refuge areas.”

• Clients directed to “unsafe areas within the store” were at risk for serious injury or death during violent storms.

• There was a risk of violent storms when the tornado sirens sounded.

“(The) defendant negligently caused (Kirk) to be exposed to the dangerous storm, debris and water,” the lawsuit alleges. “Defendant’s actions and deliberate decisions negligently caused (Kirk) to receive severe injuries resulting in his death. Each negligent act by defendant, and those by and through its employees, including defendant Martin, was a direct and proximate cause of the death of (Kirk).”

In an affidavit filed Friday in Jasper County Circuit Court, Martin acknowledges he was employed as the Wal-Mart store manager on May 22, but he said he was not at work that night, having been on vacation during the preceding week.

Janice Kirk and Jodelle Kirk are seeking an unspecified amount in damages; their lawsuit cites pain and suffering, the loss of Kirk’s income, and funeral and medical expenses.



Multiple fatalities

According to Globe records, Stanley Kirk was one of at least three people who died in the May 22, 2011, tornado while inside the Wal-Mart Supercenter on Range Line Road.




http://www.joplinglobe.com/topstori...-names-Joplin-Wal-Mart-in-wrongful-death-suit

 

[Acklander]

How does his family know he tried to leave the store??? If they actually did stop him from leaving I would think that implies that they took responsibility for his safety away from him, which would make Walmart more responsible.
If he tried to leave, and they let him go, and he ended up dying then I wouldn't think they would be responsible because it was a personal choice. If they took that choice away from an adult, that wouldn't sit right with me

 

[happygirl]

How does his family know he tried to leave the store??? If they actually did stop him from leaving I would think that implies that they took responsibility for his safety away from him, which would make Walmart more responsible.
If he tried to leave, and they let him go, and he ended up dying then I wouldn't think they would be responsible because it was a personal choice. If they took that choice away from an adult, that wouldn't sit right with me

There would be no way to prove if he wanted to leave or not.

 

[RitaE]

There would be no way to prove if he wanted to leave or not.

There is no way of knowing whether or not they could prove he wanted to leave or if they even need to prove it. There could be people who survived who reported him trying to leave and being stopped by a WalMart employee. There could be security footage showing him trying to leave and a locked door that wouldn't allow it.

Since WalMart so far has not publicly responded beyond their statement it could very well be that they have admitted to the facts as stated. IE - their emergency policy is to lock the doors to prevent exit and move customers to a certain area.

 

[Acklander]

There is no way of knowing whether or not they could prove he wanted to leave or if they even need to prove it. There could be people who survived who reported him trying to leave and being stopped by a WalMart employee. There could be security footage showing him trying to leave and a locked door that wouldn't allow it.

Since WalMart so far has not publicly responded beyond their statement it could very well be that they have admitted to the facts as stated. IE - their emergency policy is to lock the doors to prevent exit and move customers to a certain area.

If that's their policy, then they are taking responsibility of the area being safe. so, Wouk would think they would have to prove that the area they required people to go to met some sort of standard as a shelter. If they are providing an area as an option, but let the individual decide, then it's personal responsibility.

 

[luvmy3]

Was there a tornado warning that day?

 

[PrincessKsMom]

As I do not have any experience with tornadoes and live in the NE where it's not quite so common, can someone explain to me why they lock the doors? I understand that might help them from flying open but does it make that much of a difference during a tornado when, I'm sure, those locks are useless, particulary when the roof can be ripped off the building? And wouldn't that be putting others who might be in the parking lot in danger if they are trying to seek shelter in the store?

 

[Hannathy]

Unless they physically restrained him I don't know how you keep an adult from leaving a store. Really don't get that.


Probably locked the doors to prevent theft if they were going to an innermost part of the store.

Does the family really think that if he went outside during a tornado that severe he was going to have lived thru walking and driving thru it?

 

[Acklander]

Unless they physically restrained him I don't know how you keep an adult from leaving a store. Really don't get that.


Probably locked the doors to prevent theft if they were going to an innermost part of the store.

Does the family really think that if he went outside during a tornado that severe he was going to have lived thru walking and driving thru it?

I suspect he wanted to leave the store before it was hit, not while it was in the process of hitting the store. I don't think the store got hit vs his house didn't get hit would matter since you can't tell the path of a tornado. What's important is that by locking him in, the store made the decision for him on what was safer, and the store was wrong. I don't think it was the stores decision to make

 

[Hannathy]

I suspect he wanted to leave the store before it was hit, not while it was in the process of hitting the store. I don't think the store got hit vs his house didn't get hit would matter since you can't tell the path of a tornado. What's important is that by locking him in, the store made the decision for him on what was safer, and the store was wrong. I don't think it was the stores decision to make

but how did they restrain him? seriously just locking the door wouldn't keep an adult in. There are emergency exits. And once the sirens go off a tornado is near and it is dangerous to be outside, he was in greater danger outside than in, the sirens don't go off till a tornado has been spotted.

 

[Acklander]

but how did they restrain him? seriously just locking the door wouldn't keep an adult in. There are emergency exits. And once the sirens go off a tornado is near and it is dangerous to be outside, he was in greater danger outside than in, the sirens don't go off till a tornado has been spotted.

Well, since he died, it ended up that it wasn't more dangerous outside as inside. It might have been just as dangerous outside, but it definitely wasn't more dangerous. That being said I'm sure these points will all be brought up in court.

 

[Hannathy]

Well, since he died, it ended up that it wasn't more dangerous outside as inside. It might have been just as dangerous outside, but it definitely wasn't more dangerous. That being said I'm sure these points will all be brought up in court.

If a tornado hit and destroyed the building do you really think he would have fared better walking across the parking lot? Seriously nit pick much?

 

[diznygirl]

Well, since he died, it ended up that it wasn't more dangerous outside as inside. It might have been just as dangerous outside, but it definitely wasn't more dangerous. That being said I'm sure these points will all be brought up in court.

Of course it is more dangerous outside. Inside is less dangerous but still not completely safe. Being inside protects you from flying debris.

 

[sbell111]

If a tornado hit and destroyed the building do you really think he would have fared better walking across the parking lot? Seriously nit pick much?

If he had walked across the parking lot two minutes prior and driven home he would not have faced any danger. Instead, he died inside the building.

 

[Gumbo4x4]

Was there a tornado warning that day?

yes.

 

[smitch425]

Of course it is more dangerous outside. Inside is less dangerous but still not completely safe. Being inside protects you from flying debris.

In a tornado that powerful, being inside protects you from BEING flying debris.

I cannot imagine what that poor family has gone through, but I do not see how suing Walmart will give them any peace. It is a tragedy that it happened, but the workers inside the store could have just as easily been killed, so I am sure they were taking every precaution possible to be as safe as humanly possible. Sometimes God does what he wants and no amount of money will bring that man back. Very sad for everyone involved.

 

[diznygirl]

If he had walked across the parking lot two minutes prior and driven home he would not have faced any danger. Instead, he died inside the building.

Nobody had any way of knowing that at the time.

 

[indimom]

To me it depends on where their shelter was.

The worst place to be is in a large, open space with tons of debris flying around (like the main open space in a Wal-Mart).

For the record, I got this information from emergency management when we were choosing a shelter for our day care center. We were told absolutely NOT the dining hall, even though it was 3/4 below grade and had a full story above it. He directed us to the bathrooms which were above grade, but small, windowless and had concrete block walls. He said tornado statistics show that large, open rooms with plenty of debris are very dangerous places to take shelter.

So, if they had them lie down in the center of the store? Bad.
If they had them hunker down in the bathrooms (which I think most are concrete walls that I've seen)? Good.

I do agree, that as an adult, he should have had the choice. I don't like the idea of having my personal choice taken away from me.

 

[Miksma]

So the argument is that if he had driven home, he would be alive? I can't imagine how they could know that. My kids and I modified our summer 2011 road trip to go to Joplin to do volunteer work and the devastation was beyond surreal. We got lost trying to find our destination because there was so much of --well--nothing. Just block after block of rubble. I can't imagine trying to drive home in that storm with that approaching hurricane.

As an aside, we were so impressed with the fortitude of the people in Joplin. There was a car that had been completely smooshed by a fallen tree and other flying debris. Someone has spraypainted on it, "$200 OBO". Or the house that had only two walls left standing. The owners had set up a dining room, complete with vase on the table, and spray-painted "Thank you volunteers" on the wall of their home. I could go on and on.

 

[dodukes]

I am typically not a sue happy person (althougt I work in an attorneys office lol). I am usually quite opposite and think most of the suits are trash but I can really see two sides here. I mean if he just happen to be at walmart and got killed, no, that would be just sad and bad luck, but if walmart really did in fact block and lock doors, they essentially took the choice from their customers and basically said, hey we are responsible for you, so then I can see a bit of what grounds the lawsuit has.