A second Walmart shooting survivor has filed a lawsuit against retailer, saying it ignored warning signs after the gunman threatened staffers
A survivor of the deadly Walmart shooting in Virginia that left seven people dead has sued the retailer.
The plaintiff alleges that Walmart didn't put in place "preventative measures" to keep workers safe.
The legal action is the second suit filed by an employee at the Chesapeake superstore.
A second Walmart employee who survived the deadly Chesapeake, Virginia, store shooting last month is suing the retailer, accusing the company of ignoring warning signs about the shooter and not putting in place "preventative measures" to keep workers safe.
Walmart employee James Kelly, who has been an overnight stocker since August, filed the lawsuit on December 1 in Chesapeake Circuit Court – days after Donya Prioleau, a colleague who survived the shooting, filed a similar lawsuit against Walmart.
The gunman, a team lead at the store, killed six people at the Chesapeake store before taking his own life in November.
Kelly's lawsuit alleges that the shooter previously behaved aggressively and made violent threats to his colleagues and that Walmart was "aware" of the behavior.
Despite the shooter's "long-standing pattern of disturbing and threatening behavior, Walmart did not enact any preventative measures to keep Walmart customers and employees safe," the lawsuit says.
Walmart told Insider in a statement that "the entire Walmart family is heartbroken by the loss of the valued members of our team."
"Our deepest sympathies go out to our associates and everyone impacted, including those who were injured," the company said. "We are focused on supporting all our associates with significant resources, including counseling. We are reviewing the complaint and will be responding as appropriate with the court."
Like Prioleau, Kelly is asking for Walmart to pay $50 million in compensatory damages and other costs. He said that he has experienced sleeplessness, severe anxiety, stomach pain, nightmares, and a right ankle injury as a result of the shooting.
Prioleau and Kelly are both being represented by the law firm Morgan & Morgan.
"Our hearts are broken for the families of those who lost loved ones and for those ... whose lives will never be the same because of this trauma," Morgan & Morgan attorneys John Morgan and Peter Anderson said in a statement after their firm filed the first lawsuit against Walmart. "We will work to hold Walmart accountable for failing to stop this tragedy."
Along with killing six people at the Chesapeake store, the shooter sent four Walmart employees to the hospital with injuries.
Two of those patients were discharged as of Nov. 29, according to an email to all Walmart employees from Walmart US President and CEO John Furner. The final two patients were discharged as of Monday, according to The Virginia-Pilot.
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