Walmart seeks dismissal of Virginia shooting lawsuits

VIRGINIA BEACH, Va. — Walmart is asking a judge to dismiss lawsuits recently filed by three employees who claim they narrowly missed being shot when a supervisor opened fire in a Chesapeake store last month, arguing the law requires them to lodge workers’ compensation complaints instead.

The company’s claims were made in court documents filed last week in Chesapeake Circuit Court in response to lawsuits filed by Donya Prioleau, James Kelly and Briana Tyler.

The three employees were in the store’s break room on Nov. 22 when Andre Bing, a 31-year-old overnight manager, came in and began shooting. Six employees were killed and four others wounded. Police later found a note on Bing’s phone in which he complained of being mocked and harassed by co-workers.

The employees say Walmart knew about Bing’s “propensity for violence” long before the shooting, and that employees had complained to supervisors about him. Each alleges the company was grossly negligent in its hiring and retention of Bing, and each is seeking $50 million in damages.

Walmart’s attorneys say in court filings that Virginia law prevents employees from seeking personal injury claims when they’re injured on the job by a fellow employee, and instead requires that they file a workers’ compensation complaint.

While personal injury complaints allow plaintiffs to seek compensatory and punitive damages for a wide range of claims, workers’ compensation complaints provide compensation only for things such as medical expenses and lost wages.

Walmart wrote in its response to the lawsuits that negligent hiring and retention “are not valid causes of action” when one employee intentionally assaults fellow employees.