Va. Walmart Employee Sues over Inaction on Shooter's 'Bizarre' Behavior

Chesapeake, VA (WorkersCompensation.com) -- One of the survivors of the Chesapeake, Va., Walmart shooting has sued the company for $50 million alleging she warned the company about his "bizarre" behavior months he gunned down six co-workers.  

A filing in Chesapeake Circuit Court, plaintiff Donya Prioleau alleges she had written a complaint to the company discussing her co-worker, Andre Bing's behavior. Walmart management, the filing alleges, knew about his behavior and threats, "but kept employing him anyway."  

Prioleau, who works as an overnight stocker and trainer at the company's Chesapeake store, is suing Walmart for $50 million in compensatory damages over negligent hiring and retention and respondeat superior liability.  

“Prior to the shooting, Mr. Bing repeatedly asked coworkers if they had received their active shooter training,” the complaint said. “When coworkers responded that they had, Mr. Bing just smiled and walked away without saying anything.” 

John Morgan and Peter Anderson, Prioleau's attorneys, said Walmart was negligent because the company didn't do enough to stop the shooting.  

According to the complaint, Prioleau "submitted a formal complaint" about Bing, saying that he had "bizarrely and inappropriately" commented on her age and height, and had "harassed her for being poor." At one point, the lawsuit said, Bing asked Prioleau, "Isn't your lady clock ticking? Shouldn't you be having kids?" 

In another example, Bing asked Prioleau "if she like guns," and told others that he had run over a turtle with a lawnmower on purpose once, the suit said.  

The lawsuit also alleges that Bing "had a personal vendetta against several Walmart employees and kept a 'kill list' of potential targets prior to the shooting."  

Despite numerous reports "that Mr. Bing was bullying, threatening, and harassing other employees," the complaint said, the company knew or should have known that he was "acting inappropriately, bizarrely and dangerously."  

“Despite Mr. Bing’s long-standing pattern of disturbing and threatening behavior, Walmart did not enact any preventative measures to keep Walmart customers and employees safe,” the complaint says. 

Prioleau's complaint said Bing told colleagues and managers that he would retaliate if he were fired and repeatedly asked co-workers if they'd had their active shooter training.  

"When coworkers responded that they had, Mr. Bing just smiled and walked away without saying anything," the complaint said. "Upon information and belief, Mr. Bing had a personal vendetta against several Walmart employees and kept a ‘kill list’ of potential targets prior to the shooting." 

At one point, Bing was demoted for "improper and disturbing interactions" with co-workers, but was later reinstated as a shift supervisor, the lawsuit said.  

“Our client alleges Walmart acknowledged her written complaint alleging harassment, but continued to employ the perpetrator,” Morgan 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. 

Her lawsuit also alleges that she is experiencing post-traumatic stress disorder because she witnessed the attack, as well as physical and emotional distress.  

On Nov. 22, Bing entered the store's breakroom and opened fire on co-workers getting ready to start their shifts. Prioleau said in the complaint that bullets passed by her face and left side, just missing hitting her, and that she injured her knee in a fall trying to escape. She also witnessed the death of several co-workers, the suit said.  

"Ms. Prioleau looked at one of her coworkers in the eyes right after she had been shot in the neck," the lawsuit said. "Ms. Prioleau saw the bullet wound in her coworker's neck, the blood rushing out of it, and the shocked look on her coworker's helpless face." 

Randy Blevins, 70; Fernando Chavez-Barron, 16; Lorenzo Gamble, 43; Tyneka Johnson, 22; Brian Pendleton, 38; and Kellie Pyle, 52, were killed during the shooting last Wednesday. 

Bing died of a self-inflicted gunshot wound. 

Walmart spokesperson Randy Hargrove said the “Walmart family is heartbroken.” 

“Our deepest sympathies go out to our associates and everyone impacted, including those who were injured. We are focused on supporting all our associates with significant resources, including counseling,” he said. “We are reviewing the Complaint and will be responding as appropriate with the court.”

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