Employee Who Survived Shooting Sues Walmart For Not Firing Gunman

Andre Bing

Photo: Chesapeake Police Department

An employee at a Virginia Walmart who survived a mass shooting last week has filed a $50 million lawsuit against the retail giant.

Donya Prioleau, who worked as an overnight stocker and trainer, was in the breakroom when the store's overnight supervisor, Andre Bing, stormed in and started shooting, killing six people and injuring several others. Bing died from a self-inflicted gunshot wound.

Prioleau's lawsuit accuses Walmart of negligent hiring and retention and respondeat superior liability for continuing to employ Bing despite numerous complaints about his threatening behavior.

"Bing's behavior prior to the shooting put Walmart on notice that Mr. Bing was violent and could harm others," the lawsuit says.

Prioleau noted that she filed a written complaint two months before the shooting.

"Our client alleges Walmart acknowledged her written complaint alleging harassment, but continued to employ the perpetrator," Prioleau's attorneys John Morgan and Peter Anderson said. "As workplace shootings and violence become horrifyingly common, employers have a responsibility to understand the warning signs and take threats seriously in order to protect their employees and customers."

The lawsuit also highlighted the fact that Bing had been disciplined and demoted for his behavior but was still allowed to keep his job.

"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," the lawsuit states.

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