CHESAPEAKE, Va. — As we approach one year since a Walmart employee shot and killed six of his co-workers and then himself in Chesapeake, legal proceedings continue.
On Wednesday, Nov. 8, lawyers for both Walmart and Briana Tyler were in Chesapeake Circuit Court.
Tyler was in the store on Nov. 22, 2022, the night of the shooting, and her attorney Mark Favaloro says a bullet narrowly missed her. She is one of several individuals suing Walmart, seeking $50 million in damages.
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Chesapeake Walmart shooting survivor claims shooting was personal attack
Favaloro argues this was a personal attack and that it should not be considered a workers' compensation issue. Walmart’s lawyers argue that Tyler’s legal team has not proven this.
Favaloro says gunman Andre Bing spared another co-worker and chased after Tyler.
Watch previous coverage: Chesapeake Walmart shooting survivor claims shooting was personal attack
“To me, that indicates [that this] was not simply a mass shooting where everyone who was in that break room was to be a victim,” Favaloro stated. “Mr. Bing differentiated and distinguished between one employee versus the other. One employee got to live, and other employees, as you know in this case, did not. But as for Briana Tyler, he attempted to kill her. He missed her by inches when he pulled his gun and chased her into the store and shot at her again.”
Walmart has not released surveillance video that Tyler’s lawyer says could corroborate her account of Bing chasing her. He told News 3 he’s eager to see that evidence as the case proceeds.
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Without proving the attack was personal, Walmart lawyers argue the case could fall under workers' compensation.
Judge Stephen Telfeyan did not make a ruling on Wednesday. He said he wants more time to review some of the court cases that both legal teams referenced.
Stay with News 3 for updates.
