According to Battie’s attorney John Klamo, who is based in Cherry Hill, his client has been “subject to racial discrimination in various forms by various entities” and “this is just another case” of it. Battie is claiming the incident has left him with emotional damage and emotional harm that has resulted in depression, anxiety, anger, loss of sleep and appetite and a loss of enjoyment in life activities. Klamo claims that Battie is currently undergoing various forms of medical care for these symptoms and is seeking the damages from the store for allowing the incident to happen. The lawsuit claims Walmart was “negligent, careless, reckless and showed deliberate indifference in allowing an unsafe and hostile condition” by failing to secure the PA system. "The facts will bear out of what Walmart did or didn’t do to protect the interests of their customers,” Klamo said. The case was filed a few months ago in the Superior Court of New Jersey Law Division, Camden County, but Walmart responded this week by having it moved to federal court, because the damages requested are in excess of $75,000. According to a copy of the lawsuit, Battie “has required medical care and expenses which will continue to accrue in the future.” The complaint also anticipates adding additional parties to the suit in the future. Walmart’s attorney requested the case be removed from the Superior Court of New Jersey to the United States District Court and denied the damages are worth more than $75,000. In the civil action, Walmart claims that there are many factors to be considered, including whether liability against the store can even be established and Battie’s previous medical history and condition. The Atlantic County teenager, who was identified by video surveillance within the store, was charged with two counts of harassment and bias intimidation for both the incident in question and a similar December 2009 incident. Following the announcement, Walmart’s store manager addressed its customers with an apology and the corporation changed the PA systems throughout all of its stores.
source: Gloucester County Times
Wednesday, May 16, 2012
Man Sues Walmart After Idiot Tells Black People to Leave
You may or may not remember this story about a 16-year-old New Jersey Walmart shopper who picked up the store’s public address microphone and announced “Attention Walmart customers: all black people must leave the store.” Twelve "black people" were in the store at the time, but one man is looking to cash in. Donnell Battie claims he was in the store during the evening of March 14, 2010 and as a result of hearing that racially-offensive message he suffered “severe and disabling emotional and physical harm” and Walmart's got to pay. Mr Battie -- who's batty -- is suing the store for $1 million. Why not $100 million?
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