CHESAPEAKE, Va. — It’s been just over five months since Andre Bing, a store manager at the Walmart on Sam’s Circle in Chesapeake, killed six employees before turning the gun on himself. After the shooting, three employees who were working at the time of the mass shooting filed separate lawsuits against Walmart, each seeking $50 million in damages.
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One of the lawsuits is moving forward, for now, following a hearing on April 26. In court, Walmart nearly won its argument to get the lawsuit thrown out, but a judge gave the employee's attorney more time to prove the store manager's attack was personal.
The lawsuit in question was filed last December on behalf of Briana Tyler. In a complaint filed by her legal team, she claims that she was in the breakroom the night the shooting occurred, and she missed being hit by one of the shots Bing fired by “inches.” The complaint further claims that as Tyler ran down the hallway to escape, Bing chased her and fired his gun at her.
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In court, Tyler’s attorney, Mark Favaloro, argued that the nature of the attack was personal.
“We know that Miss Tyler left the breakroom and that Mr. Bing followed her shooting at her, and we believe that is a personal attack. As I indicated in court, there was an employee who was spared because she had a small child. That is a distinction we see as being important,” Favaloro said.
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A judge then gave Favaloro another 30 days to prove that Bing’s shooting rampage was personal. However, Walmart hasn’t released the surveillance video that may corroborate Tyler’s account of Bing chasing her through the store. Additionally, the company hasn’t turned over Bing’s personnel files.
Without proving the attack was personal, Walmart lawyers argue the case could fall strictly under workman’s compensation.
The other lawsuits face similar circumstances, and they’ll also have to be refiled with more evidence.
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In addition to the three lawsuits filed by the former employees, a wrongful death lawsuit was filed on behalf of one of the victim’s estates.
The victim, Randall Blevins, was 70 years old when he was shot and killed by Bing. The attorney for his estate attended the court hearing to observe. That lawsuit was withdrawn earlier this year due to a lack of evidence that Bing’s attack was personal.
Stay with News 3 for updates.
