CHESAPEAKE, Va. - A survivor of November's shooting at Walmart alleges the shooting was a personal attack against her in a newly refiled lawsuit.
Briana Tyler is seeking $50 million in damages against Walmart.
Tyler was nearly shot during the shooting, but survived. Six others were killed.
Her initial lawsuit was nearly thrown out in April, but a judge gave her attorney more time to prove the attack was personal.
In the new complaint, Tyler says the shooter, Andre Bing, began shooting in the employee break room.
Bing directly pointed the gun at Tyler's head and pulled the trigger and narrowly missed, the lawsuit says.
It says she ran out of the room and Bing broke off a pursuit of another person and began chasing her and firing at her.
The lawsuit says Tyler was the only person that Bing chased all the way into the retail part of the store while shooting.
An attorney for Walmart didn't immediately respond to a request for comment. During an April court hearing, attorneys argued the case should fall under workers' compensation and have argued the lawsuit should be dismissed.
Under workers' compensation, employees could be repaid for medical expenses or lost wages, but would not be compensated for lawsuit damages.
"I looked up and my manager turned around and he just opened fire on everybody in the break room and it is by the grace of God that a bullet missed me," Tyler told reporters shortly after the shooting.
Following the shooting, the store was closed for several months, but in April it reopened.
