Woman sues over allegedly being trampled

A Fort Scott woman is suing Walmart following an alleged 2013 Black Friday incident at the local store where she claims she was trampled.

Amanda DuVall, 28, of Fort Scott, filed a two-count lawsuit against the Bentonville, Ark.-based retail chain in Bourbon County on Oct. 22, nearly 11 months after she said she was shoved from behind, knocked to the ground and "stomped on" by customers pushing to get a $49.99 tablet, according to the suit.

DuVall claims Walmart failed to take reasonable measures to protect her or make it clear to customers that so-called door-buster items were in limited supply, the Associated Press reported Tuesday.

According to the lawsuit petition, DuVall said she waited three hours at the store's "early Black Friday" sale on Thanksgiving night 2013 and was at the front of the line when she was pushed down. DuVall is accusing Walmart of negligence and violating the Kansas Consumer Protection Act.

"We take the safety of our customers seriously anytime they shop with us," Walmart spokesman Randy Hargrove said Thursday. "Every one of our stores has site-specific crowd management plans for Black Friday designed to help customers have a safe and enjoyable experience, from the time they enter the store, to their time spent shopping and checking out. We looked into this situation as soon as we were made aware and have been unable to verify Ms. DuVall's claims."

The lawsuit petition contends store officials "knew that customers' behavior needed to be controlled because of past incidents of violence and tramplings during previous Black Friday sales." It also claims that Walmart "had the ability to control or supervise the behavior of the customers on their premises" but in this case failed to do so.

DuVall has made the following allegations in the lawsuit's first count, which alleges negligence on Walmart's part, according to the petition filed in Bourbon County District Court:

* Plaintiff arrived at 5 p.m. to get in line for the 8 p.m. sale of a $49.99 tablet.

* Defendant employees explained to the crowd how the sale would work and sent away security.

* At 8 p.m., defendant's employees cut the wrapper/tape off of the pallet and the crowd rushed to the tablets.

* Plaintiff was toward the front of the group of people and reached for the tablet when she was suddenly thrust forward from behind. Upon being thrust forward, her body fell violently to the floor. Upon falling on the floor, her face struck the hard tile. While on the floor, Plaintiff was stomped on by other patrons.

The second count of the lawsuit alleges Walmart violated the Kansas Consumer Protection Act by misrepresenting the availability of the tablet that was on sale for $49.99; concealing or suppressing the fact that demand for the tablet would vastly outweigh the available supply; and concealing or suppressing that Walmart wouldn't provide adequate security.

"Defendant Walmart engaged in deceptive acts practices by offering property or services without intent to supply reasonable, expectable public demand," the suit says.

At Walmart's request, the case was moved to federal court in Topeka in mid-November, and last month DuVall filed an amended petition seeking more than $75,000 in punitive damages. DuVall contends injuries she sustained in the fall continue to cause her great pain in her head, neck and back, and have caused a loss of enjoyment of life and earning capacity, as well as "significant medical expenses," according to the suit.

"Defendant's conduct showed complete indifference to or conscious disregard for the safety of others, including Plaintiff," the suit says.

Walmart had the case removed Nov. 14 to the U.S. District Court in Topeka, according to federal court records, which indicate Walmart designated the place of trial as Kansas City, Kan.

Messages left for DuVall's attorneys were not returned Thursday.

In its response to DuVall's amended petition seeking damages, Walmart said it "specifically denies" that DuVall "suffered any injury or damage." The retailer added that if she did, "all such injury or damage was directly caused, in whole or in part, by the negligent acts, omissions or fault of Plaintiff," the AP reported.