A middle aged man suspected of shoplifting two DVD players from a DeKalb County, Georgia Walmart died after he was placed in a chokehold by store employees and hired security. When police arrived, they found the employees on top of the man in front of the store. After telling the employees to get off the suspect, police put him in handcuffs, but he offered no resistance. Police say he was undresponsive and bleeding from the mouth and nose. The man was pronounced dead at the hospital a short time later.

Walmart has put two employees on suspension with pay, as well as stated the security guard will no longer be providing security for the Lithonia store.

A DeKalb County medical examiner still needs to determine the exact cause of death, but the Walmart employees have said there was a physical confrontation with the suspect before they put him in a chokehold. One question that may arise from this is can a wrongul death suit be filed in this case?

Wrongful death suits are brought by the decedent’s immediate family against the responsible parties. In this case, a wrongful death suit may be brought against the individuals involved in the confontation or the Walmart store itself, or perhaps both. Had this occured in Ohio, the family of the decedent has two years from the day of the death to file a wrongful death suit. After that, the statute of limitations runs out.

Damages that may be recovered in a wrongful death suit include:

  • Mental anguish
  • Funeral expenses
  • Loss of services
  • Loss of support
  • Loss of society
  • Loss of inheritance

If you have lost a loved one due to the negligence of another party, please contact Robert W. Kersack CO., LPA, today for an initial case evaluation.