Family of Joplin tornado victim sues Wal-Mart

Monday, September 17, 2012

JOPLIN, Mo. (AP) — The wife and daughter of a man killed inside a Walmart store when a massive tornado hit Joplin have filed a wrongful death lawsuit against the company.

The Joplin Globe (http://bit.ly/QjEeTY ) reported that the suit against Wal-Mart Stores Inc. was transferred Friday to the U.S. District Court for the Western District of Missouri. It initially was filed in Jasper County Circuit Court.

The suit alleges Stanley Kirk, a 62-year-old aircraft engine technician, wasn’t allowed to leave the store and was directed to “an unsafe/improper location.” Court records said Kirk lived only three miles away, “or a seven-minute drive,” in an area that was not hit by the May 22, 2011, tornado. Of the 161 people killed, at least three died in the Walmart.

The lawsuit also claims that the store was “not constructed properly” given its location in an area at risk of violent storms and tornadoes.

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

Wal-Mart spokesman Randy Hargrove said in a written statement that the Bentonville, Ark.-based company stands behind its employees and how they handled the disaster.

“We extend our deepest sympathy to Mr. Kirk’s family,” the statement said. “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. “

A store manager also was named in the suit, but he said in a court filing that he wasn’t working the night of the tornado.

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Information from: The Joplin Globe, http://www.joplinglobe.com

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whocares 8 months, 1 week ago

Interesting. This could change the way schools and other businesses currently handle their students and employees.

spelchek 8 months, 1 week ago

Point taken.

bluesfan13 8 months, 1 week ago

So, zoning requirements probably require Wal-Mart to have an emergency plan. I know my buisness is required to have one. Had Wal-Mart failed to follow those protocols and let this man leave, he may have still died in the tornado, and they WOULD have been liable at that point. Since they followed safety protocol, they may still be liable?
There is no safe option...

Sequoia 8 months, 1 week ago

The difference would be that schools have a custodial duty that businesses do not. Schools are essentially acting in place of parents, and they have similar authority over children as parents do. Private businesses don't have that same duty to adults.

The idea that an adult "wasn't allowed" to leave the store seems like a problem to me. I'd be interested in how hard he tried to leave, and what the employees did to restrain him.

Personally, I wouldn't put decisions about my personal safety in the hands of some yokel at Wal-Mart, or in Wal-Mart's "protocol." I'd break some sales associate's neck before he led me around like a child. I'll make my own safety decisions... given Wal-Mart's propensity to flout laws and regulations anytime it suits them, I hope I can be forgiven for my mistrust in its "protocol."

asb 8 months, 1 week ago

Point taken.

lsumners 8 months, 1 week ago

My feelings go out to the Kirks in this situation.Suing a company because of a disastor seems extreme to me though.Maybe we should place a suit against auto companys cause the cars people died in wasn't storm safe,how about restuarants people died in [ lets take money from them to ] to try to blame anyone in this situation is wrong everyone was doing the best they could in a time that was testing everyone involved.Wal-mart has money so lets go get them it's always there fault anyway.Sequoia wal-mart can't stop someone from leaving [ and by the way breaking someones neck can land you in prison if you live through the tornado ] I KNOW CAUSE I'M WHAT YOU CALLED A YOKEL.

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