and legal expenses ... in the sum of $ 2 million . '' `` This is a tragic situation that could have and should have been avoided with the exercise of reasonable care . There are very simple measures that could have been put in place to avoid this , such as barriers along the line to spread people out , extra security and a better police presence , '' Mollins said . He said his clients and others who were at the scene contend that the police `` were there ... saw what was happening , and they left . '' Calls seeking comment from Wal-Mart Stores Inc. were not immediately returned . Lt. Kevin Smith of the Nassau County Police Department said , `` it 's our policy that we do n't comment on open litigations '' and would not respond directly to Mollins and his clients ' claim that officers left the scene . He said it is `` incumbent upon the store to provide security '' but noted that there was no security force present when officers responded to an initial phone call after 3 a.m. Friday for an unknown disturbance at the site . Smith
NEW YORK -LRB- CNN -RRB- -- Two customers are suing Wal-Mart for negligence after being injured in a mad rush for post-Thanksgiving bargains that left one store employee dead , the men 's attorney said Tuesday . A temporary worker at this Wal-Mart was crushed to death when shoppers rushed into the store last week . Temporary Wal-Mart worker Jdimytai Damour , 34 , was crushed to death as he and other employees attempted to unlock the doors of a store on Long Island at 5 a.m. Friday . Attorney Kenneth Mollins said Fritz Mesadieu and Jonathan Mesadieu were `` literally carried from their position outside the store '' and are now `` suffering from pain in their neck and their back from being caught in that surge of people '' that rushed into the Wal-Mart . New York Newsday reported that the Mesadieus are father and son , ages 51 and 19 . The lawsuit alleges that the Mesadieus ' injuries were a result of `` carelessness , recklessness , negligence . '' In a claim against the Nassau County police department , the men also contend that they `` sustained monetary losses as a result of health care