Secretary of Labor v. Wal-Mart Stores, Inc. 

OSHRC Docket No. 09-1013 

Reply Brief for Respondent 

Exhibit A 

Secretary’s List of Admitted CMI Exhibits 

Filed on October 21, 2011 
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

Sec. Exhibit # 

Claim number 

(including pgs) 

Page # Portion of page Highlighted information 

Sec. Exhibit 112 1 “Assoc. was knocked down and 

trampled by customers during the 

Blitz Sales” 

Sec. Exhibit 113 1 “Assoc. was knocked down and 

trampled by customers” 

Sec. Exhibit 114 1 “Opening doors for Blitz, pushed 

against the doors” 

Sec. Exhibit 115 1 “Opening doors for Blitz, pushed 

against” 

Sec. Exhibit 116 1 “Associate injured in Blitz rush” 

Sec. Exhibit 117 1 “Associate injured in Blitz rush” 

Sec. Exhibit 118 1 “Associate struck by Blitz rush 

customers” 

Sec. Exhibit 119 1 “Associate struck by Blitz rush 

customers” 

Sec. Exhibit 120 1 “Associate injured during Blitz 

rush” 

Sec. Exhibit 121 1 “Associate injured during Blitz 

rush” 

Sec. Exhibit 122 1 “Associate injured in Blitz rush” 

Sec. Exhibit 123 1 “Associate injured in Blitz rush” 

Sec. Exhibit 127 

BINDER 1 of 4

Claim #4280038 

(9-17) 

9 

12 

13 

Description 

Box 2 

Box 1 

“Opening doors for Blitz, pushed 

against the doors” 

“Clmt was opening the front doors 

around 6:05 am, for the Blitz sale 

and was pushed down and trampled 

by the crowd. In doing so she hurt 

her back.” 

“ASSOCIATE: s/ clmt at work. 

She stated that she was opening the 

doors on the morning of the Blitz. 

As she unlocked the outer doors, 

she was pushed down and as she 

tried to get back up she felt pain on 

1
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

the L middle side of her spine. She 

reported to Mickey Moore in 

mgmnt on DOI.” 

Claim #4833445 

(18-30) 

18 

24 

Description 

Box 2 

“Associate injured in Blitz Rush” 

“Recvd phone call from Bob @ 

#3473 to advise on 11/25/05 “Blitz 

Rush” clmt was bombarded by 

crowd injurying both hands, wrists, 

left elbow/shoulder/arm, neck, both 

shoulder blades.” 

Claim #4836728 

(31-41) 

31 

40 

Description 

Box 2 

“Associate struck by Blitz Rush 

customers” 

“11/25/05 @ 8:20a.m. recvd phone 

call from Bob @ #3473 who 

advised this morning several 

associates/customers were injured 

in trampling over Blitz sale.” 

Claim #2950213 

(91-97) 

91 

95 

Description 

Box 4 

“Customer was squished in crowd” 

“...s/w Robin Day-dept mgr...she 

advised that this happened at front 

entrance during blitz...they had 

doors locked and opened them at 

6am and a big crowd came in and 

cl. was one of the first 20-30 people 

and she got trompled by the 

crowd...” 

Claim #2954689 

(98-112) 

98 

99 

102 

Description 

Box 5 

Box 2 

“Customer was pushed and 

pinned/door” 

“According to the store mgr, the 

customers had formed a single line 

outside the door and along the 

building. People did not start 

crowding in until doors opened. 

Clmt. Claims she was pinned by 

crowd while entering the store.” 

“At 5.45 the doors opened & 

everyone that had not been there 

since 3:00 started crowding into the 

line from several directions. Clmt 

said she stumbled...” 

2
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

102 Box 3 “She was crushed under the people. 

They were pushing in on her back, 

she had never seen anything like 

this in her life. It was like a jungle. 

Pushing & shoving.” 

Claim #3115704 

(205-211) 

205 

208 

208 

Description 

Box 2 

Box 3 

“Squeezed against door frame by 

crowd” 

“Customer Report **Trying to get 

in the door and got slammed into it 

and pinned against it.*Chest, Neck 

and arm...The mob shoved and she 

was pushed into doorway and 

smashed into it and couldn’t move.” 

“s/w Johnny Francis, Asst. Mgr-he 

stated that it was a mob crowd that 

squeezed clmt against the glass...” 

Claim #3118755 

(235-239) 

235 

238 

Description 

Box 1 

“Customer was pushed to floor by 

others” 

“clmt was pushed down by another 

customer upon entering store..clmt 

knew that store was busy bc of 

blitz..was pushed to side once and 

chose to enter into crowd again the 

2nd time and pushed upon entering 

to one knee...” 

Claim #3120347 

(256-262) 

256 

259 

Description 

Last box 

“Blitz Day mob pushed her to the 

floor” 

...”This inc occurred when they 

were entering doors. When door ws 

opened is when it happened. As 

they went to open the doors. They 

were basically almost into the str. 

There were thousand and thousands 

of ppl. PPL started yelling they are 

opening the doors. PPL rushed. 

Knocked her toot the ground. They 

tried to backout. Not sure how 

many ppl. hit her. They did knock 

her ot the floor. Has not seen so 

many rude ppl. There ws security.” 

3
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

260 

261 

Box 1 

Box 1 

“...knocked backward an d 

sideways. Ws trying to cover her 

head. One of the ppl she ws with 

came thru and dragged her to the 

side. The ppl were wlkng over her, 

jumping over her.” 

“...Clmt ww knocked down and 

wlkd over by ppl during a blitz 

rush.” 

Claim #3122096 

(270-279) 

270 

275 

Description 

Last box 

“Pushed and stepped on when doors 

opened” 

“...No scart. No one allowed to 

have scart. P/l was filled, line 

wrapped around building, no 

security until 5 minutes before store 

opened but crowd was out of 

control. Thirty people were pushed 

together. These females had on 

security badges and mgr came out 

w/loudspeaker to remain in line but 

not one making crowds stay in line. 

Opened front doors and 2nd doors 

open automatically and this is 

where she got trampled. Five 

people behind her and someone 

stepped on back of knee. Clmt 

pursue went flying and they tried to 

stop people to get her up. Hit face 

on floor, scraped knee...” 

Claim #3256507 

(280-284) 

280 

282 

Description 

Last box 

“Pushed down by other customers” 

“Reached the clmnt. She said she 

was knocked down to the floor by 

customers when she was entering 

the store. She said they pushed her. 

She was first in line. People behind 

her started to push when the doors 

were open.” 

Claim #4277960 

(291-306) 

291 

293 

Description 

Last box 

“Blitz morning customers 

pushing/shovin” 

“Cust statement: When coming in 

4
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

294 Box 1 

this morning a lot of people ran 

over knock to the floor...” 

“...after the long wait they opened 

the doors and before she knew they 

tumpled her...there were about 10 

people in line before her...was not 

single file lines but crowded 

line...sd no one came out to warn 

the crowd to be careful or 

anything...they onle came out to 

pass out maps...the store manager 

did not come and s/w the 

crowd...sd the people behind her 

was pushing her snf knocked her 

off her feet...” 

Claim #4280786 

(338-349) 

338 

341 

Description 

Box 1 

“Got crushed in customr rush blitz 

sale” 

“they arrived at the w/m about 5:30 

a.m. to take advantage of “Black 

Friday” sale, they waited in line to 

enter, there were pallets set on the 

side to guide people in to the store, 

there was a mad rush when the 

doors were open, they were pinned 

against the pallets outside the door 

that were stacked there by the 

store.” 

Claim #4301311 

(350-360) 

350 

351 

352 

Description 

Last box 

Box 1 

“Ran over by customers coming in 

door” 

“Companion stated that clmt was 

knocked down as she was going 

into the store...Companion stated 

that the store was so crowded they 

weren’t aware of what was around 

them, unsure if associate was 

present.” 

“...clmt stated that she was waiting 

in line to shop the sales the day 

after Thanksgiving when other 

customers trampled over her 

injuring her hip and causing her 

5
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

352 

352 

353 

353 

Box 2 

Last box 

Box 1 

Box 2 

cathedar to be removed.” 

“...clmt stated that she was waiting 

in line to shop the sales the day 

after Thanksgiving when other 

customers trampled over her 

injuring her hip and causing her 

cathedar to be removed.” 

“Clmt stated that there was a large 

crowd outside the front doors 

waiting for them to open. There 

was associates giving away 

coupons. Clmt stated that the 

customers started pushing causing 

her to fall down, which she was on 

the ground she stated that customers 

walked over her removing her 

catedar and injuring her hip.” 

“Clmts companion stated that clmt 

was trampled by customers coming 

into the store for black friday” 

“Clmt was waiting outside of store 

for the doors to open, the other 

customers trampled over her 

causing her to fall.” 

Claim #4836628 

(409-410) 

409 Description “Pushed or fell during blitz sell” 

Claim #4836649 

(411-426) 

411 

412 

Description 

Box 2 

“Blitz pushed by customers” 

“11/29/05: From Bob Stephens, 

store mgr. When I arrived at the 

store at 3:30 a.m. on the morning of 

Novemeber 25, 2005, “Blitz Day”, 

the vestibule was nearly filled 

w/customers. I was told by my 

over night associates, and overnight 

a/m, Gary West and Shannon 

Prevost that customers began to 

arrive approximately 10pm to midnight Thanksgiving night...by 

opening, 5 a.m. the vestibule was 

over full and customers surrounded 

6
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

415 

419 

Box 1 

Whole page 

both entryways.” 

“...about 4:55 am., associates were 

pretending they were going to open 

the door and then they would not, 

did this numerous times, when they 

opened the doors they opened all of 

the doors, was standing right next to 

doors, when the doors were opened, 

it created a stampede, her grandson 

was pinned up against something. 

Got grandson away from where he 

was at then someone just pushed 

her, her head flew back, lost one of 

her shoes, went flying into the 

store, hit from behind again, went 

down to the ground, landed on her 

left knee, happened in seconds.” 

Written statement of Store Manager 

Claim #4836685 

(453-462) 

453 

455 

456 

456 

Description 

Box 1 

Box 1 

Box 4 

“Blitz customer was knocked down 

and trampled” 

“The clmt stated that she was 

trampled by other customers as she 

came in the doors. Terry stated that 

everyone was lined up before the 

doors opened up but the minute the 

doors were being opened people 

tried to push their way through.” 

“The clmt was involved in the Blitz 

day activities and was walking in 

the entrance doors. Someother 

customers started busting through 

the exit doors and she was 

trampled.” 

“The clmt stated that when the store 

opened up the doors in the morning 

for Blitz day she went in through 

the entrance door. There were a 

bunch of people who didn’t wait in 

line ard came throught he exit door 

and was trampling other people. 

7
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

The clmt stated that she fel down in 

the midst of this. The crowd 

pushed her down.” 

Sec. Exhibit 127 

BINDER 2 of 4 

Claim #4836938 

(670 to 673) 

672 Box 1 

Box 2 

“Called store and s/w Christina 

Foley: She was in the front door 

when the doors were opened and 

said that there were 4 associates, p/l 

security, and police officers in the 

parking lot, but they were 

uneffective and when the doors 

were opened it became a stampede 

of customers into the store. They 

were fighting while waiting in line 

and once they entered the store, 

they were ramming each other with 

carts, pushing each other out of the 

way, and trampeling each other to 

get to specific merchandise.” 

“Rec’d call from clmt. She said 

that she was pushed down in the 

store while other customers were 

trying to stampede into the store.” 

Claim #4836967 

(674 to 841) 

677 

678 

Box 5 

Box 2 

“Clmt. Was either pushed down or 

somehow fell down when the crowd 

of people came through the doors 

just as they opened for Blitz day.” 

“Clmt. Had been waiting at the 

store since @ 11pm the prior night 

& the store opened the doors for 

Blitz @ 5 am so clmt. Had been 

standing/waiting for at least 6 hrs.” 

“Store opened the doors @ 5 am, 

store had opened the first entrance 

doors @ 10 min. til 5 am...At 5 am 

two people came over & opened the 

doors, the two people in front of 

clmt. ran into store & then clmt. 

went down, the next thing he knew 

he was on the ground” 

8
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

679 

680 

689 

707 

Box 1 

Box 1 

Customer 

Statement 

Attorney Letter 

“Just took first step into store & 

that’s all he remembers” 

“5:00 two entrance doors are 

opened by two assoc. & customers 

appear to immediately start running 

into store through these 

doors...Clmt. is about the 5th cust. 

into the door...Cannot tell if he is 

pushed down or just falls as the area 

is very crowded w/customers” 

“S/w Chris Godwin (Store Mgr.): 

Chris did witness in...Opened right 

hand side entrance doors & Phil 

opened the left hand side...There 

was prob. 200 people outside trying 

to get in...As soon as their keys 

clicked opened the customers 

started pouring in...Clmt. was near 

the front & got about 3 ft. into store 

& then went down & the other 

customers just kept pouring in & 

Phil started trying to block off the 

other customers from running over 

clmt.” 

“As the door opened Al was pushed 

down as the crowd poured in 

Management quickly surrounded 

him, but not in time for a few 

people to step on him” 

“My client sustained a head injury 

when the doors to Wal-Mart were 

opened for a Black Friday sale and 

he was stampeded by a hoard of 

customers. The store security 

guards who opened the doors just 

stepped back and let the flood of 

customers enter without any order 

whatsoever. My client was 

knocked to the floor immediately 

upon entering the store.” 

9
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

Claim #4837299 

(877 to 887) 

882 Box 3 “Teresa stated There is video. This 

occurred at the entrance. The doors 

were opened and they all made a 

mad rush. Someone was pushed 

from behind and fell and the rest of 

them fell. IT was like a domino 

effect. Teresa sated tLP and mgmt 

were at the doors. They used to 

whole North side entrance. 

Doorway was approx 8 ft wide. 

They were trying to do crowd 

control. 250 customers cutting in 

front of others, squeezing, pushing, 

Not in line at all. They unlocked 

the doors at 5am and they all fell in. 

One person fell the rest fell on top. 

Mgmt and LP were yelling to walk, 

don’t run the whole time but they 

could not be heard over the crowd.” 

Claim #4837332 

(906 to 920) 

911 Box 4 “Teresa stated There is video. This 

occurred at the entrance. The doors 

were opened and they all made a 

mad rush. Someone was pushed 

from behind and fell and the rest of 

them fell. IT was like a domino 

effect. Teresa sated tLP and mgmt 

were at the doors. They used to 

whole North side entrance. 

Doorway was approx 8 ft wide. 

They were trying to do crowd 

control. 250 customers cutting in 

front of others, squeezing, pushing, 

Not in line at all. They unlocked 

the doors at 5am and they all fell in. 

One person fell the rest fell on top. 

Mgmt and LP were yelling to walk, 

don’t run the whole time but they 

could not be heard over the crowd.” 

Claim #4837600 

(960 to 963) 

962 Box 4 “Asked to s/w Sandra Goodman, 

she sd that clmt was about the 6 

person in line, had been there since 

midnight, as they open the doors the 

wave of people got her caught in 

the doors and she broke two ribs. 

They had 600-800 hundred people 

10
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

rushing in the doors. The clmt ws 

not able to walked pass the nail 

salon, ribs went into her chest, had 

hard time breathing. They had 

police at the counters and at the 

doors, with the PA trying to make 

them get in one line. They ripped 

the doors off. The clmt is her 

daughter, always spend blitz with 

her at the store. Sandra open the 

doors and while she ws still there, 

another mgr went and got her, that 

daughter needed her.” 

Sec. Exhibit 127 

BINDER 3 of 4

Claim # 4837805 

(982 – 997) 

984 

986 

987 

Box 4 

Box 1 

Box 1 

“recd call frm clmt...she stated that 

she was there at 12:30 am waiting 

for 5 am. She was one of the first 

ones in line. Everyone outside was 

pushing and shoving and people 

were pulling up getting out of their 

cars and pushing to the front.” 

“customers rushed in the door on 

blitz day and clmt fell.” 

“called str to s.w. Ray Miller, 

mgr....Ray is off today Teresa 

stated. There is video. This 

occurred at the entrance. The doors 

were opened and they all made a 

mad rush, someone was pushed 

from behind and fell and the rest of 

them fell. It was like a domino 

effect...They were trying to do 

crowd control. 250 customers 

cutting in front of others, squeezing, 

pushing. Not in line at all. They 

unlocked the doors at 5 am and they 

all fell in. One person fell on top. 

Mgmt and LP were yelling to walk 

don’t run the whole time but they 

could not be heard over the crowd. 

There is video of this incident.” 

11
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

987 Box 2 “What kinds of precautions was this 

store taking? There is another 

claim for same store. Were all avl 

doors open? How many customers 

(estimated) were in line waiting? 

Were any associates warning, 

asking everyone not to run, proceed 

in normal fashion? Any numbers or 

any kind of system used to hand out 

items? How long had this customer 

been inline? Was she aware of 

others behind her? Did she notice 

anyone being antzy and such while 

in line? Video?” 

Claim # 4838219 

(998 – 1006) 

998 

1001 

1002 

Description 

Box 3 

Box 3 

“Description: Blitz-Pinned Against 

Door by the Crowd, Carts” 

“...claimant was waiting in line w/a 

thousand or so other cust... Clmt 

got stampeded into a corner.” 

“clmt is alleging she was @ the str 

when the doors opened for Blk 

Friday...clmt was pushed against 

the wall by the crowd.” 

Claim # 4838509 

(1009-1014) 

1011 

1012 

Box 1 

Box 2 

“The claimant was injured at the 

store location during blitz day sales 

events due to W/M allegedly 

providing no crowd control.” 

“I WAS ONE OF THE 

MANAGERS THAT OPENED 

THE DOOR THAT DAY. THE 

OTHER WAS MY DI. MANG. 

THERE WAS A LOT OF 

PUSHING BUT I STOOD THERE 

TRAPED FOR A GOOD 10 TO 15 

MINUES AND DIDN’T HEAR 

ANYONE COMPLAIN ABOUT 

GETTING HURT. THANKS- S/M 

LISA” 

Claim # 4839448 

(1015 – 1040) 

1016 Box 5 “Claimant was caught up in the 

crowd and pined against the door 

and the shopping cart.” 

12
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

1018 Box 2 “There was a mass rush at the door. 

We did have 1 poorly trained 

security guard there he was trying 

to control this mass people. I saw 

the older lady get pinned up against 

the wall and the front of the 

shopping cart was being pushed 

with such force.” 

Claim # 4842801 

(1074-1076) 

1074 

1076 

Description 

Box 1 

Box 2 

“Blitz -- CUSTOMER WAS 

TRAMPLED COMING IN 

BUILDING” 

“Al Patterson co-gr – He told me 

that this actually occur. on Black 

Friday -- They opened up the doors 

and they had a rush of customers 

and she was run over. They 

brought her over to McDonalds. 

The clmt had a cut over her face.” 

“PATTERSON, ALBERT Assoc 

Title: CO MANAGER” 

Claim # 5128301 

(1149 – 1170) 

1149 

1150 

1151 

1151 

Description 

Box 1 

Box 2 

Box 3 

“Blitz – PUSHED DOWN BLITZ 

DAY AND WALKED ON” 

“Clmt was pushed down by another 

customer and trampled by the 

crowd.” 

“Spk w/ AM Larry Messer. He was 

working at the frt doors, there were 

4 assoc at the frt doors and other 

assoc just around the corner 

working. Once the doors were 

opened, customers started running. 

Just as the doors were opened, clmt 

tried to turn thru the crowd and was 

knocked down. She was knocked 

off her feet. He and Carl tried to 

push thru the crowd to get to her.” 

“Rev’d video. Reg VCR....Once 

the doors were opened, the crowd 

began running. The assoc/mgrs 

13
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

1153 Box 2 

were actually shoved aside and had 

to push their way thru the crowd. 

Could not see the clmt fall but it 

was apparent she had bc the mgrs 

and assoc were pushing their way 

thru the crowd. Nothing on the 

floor to cause her to fall.” 

“Clmt was trampled by the crowd 

when the doors were opened for 

Blitz.” 

Claim # 5128427 

(1173 – 1266) 

1177 

1182 

Box 5 

Box 5 

“Incident: Customer was entering 

store on black Friday when store 

opened. Crowd rushed in, CLMT 

fell, another customer fell on top of 

her.” 

“waiting in line before store opened 

up / about 25 people ahead / at least 

600 people behind her / one minute 

after the hour – as everyone was 

rushing into the store / she was 

pushed flat onto the floor – people 

kept trampling over her ... / crowd 

was just rushing in....” 

Claim # 5128666 

(1271 – 1278) 

1273 Box 1 “the clmt was rushing in with other 

customers on blitz days – she was 

pushed by other customers into the 

manuel doors and hurt her arm and 

hands – this is not a 24hr store and 

this occurred when they opened.” 

Claim # 5129407 

(1333 – 1345) 

1335 Box 1 “Clmt said at 4:50 am, everyone 

started rushing into the store when 

they opened the doors. There were 

police in the parking lot...AP Phil 

said the store opened the doors at 5 

am. There were appox 300 people 

in line. The first 20 customers 

moved along fine. People in the 

back started to push forward and 

fell on top of the clmt.” 

Claim # 5129407 

(1333 – 1345) 

1343 Box 6 “Asset Protection Phil Wm 4 years. 

He opened doors at 5 am. First 20 

people moved along fine. People in 

the back pushed forward and fell on 

14
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

top of clmt. He tried to radio for 

help. He tried to take people off of 

clmt. He told people to not pick her 

up in case her back was broken. 

Mgr came out with wheelchair. 

They took the clmt inside. 6 people 

fell on top of her. There were 2 

officer inside the store and 2 

officers cruising the parking lot in 

their car. Phil was the only one 

outside. 2 people got trampled. 

Once was fine. Clmt had broke 

knee caps.” 

Claim #5416398 

(1348-1365) 

1356 

1365 

Box 3 

Customer 

statement 

“clmt was at the store the day after 

t’giving and clmt has done this 

every year for quite some time, clmt 

is also an x assoc. when the doors 

opened a crowd from across the 

cross walk stormed the store and 

was trying to get into the store, clmt 

was thrown up against the metal 

detector. Clmt did go to the er and 

diag was a fractured rib” 

“clmt is an x assoc so she is well 

aware of the what the store is like 

on this day” 

“No crowd control. No one trying 

to contain the shoppers or keep 

order & people safe.” 

Claim #5416798 

(1384-1391) 

1386 

1386 

Box 1 

Last box 

“Additionally, they only allowed 

entrance at one door to better 

control the rush.” 

“Ian states there were at least 2-3 

officers inside and outside as well 

as all mgrs. They had over 200 

people lined up and people all 

rushed in at once when the door 

was opened. They weren’t doing 

anything in particular except 

standing out there spaced a few feet 

apart watching the crowd for people 

who might get out of hand. 

Everyone tired to rush at once, 

15
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

1388 

1389 

1390 

Box 1 

Box 2 

Last box 

however, clmt was the only person 

that alleged any injury. If the 

crowd had not been under some 

control, others would have been 

hurt also, according to Ian.” 

“clmt states he arrived at 4:00 a.m. 

and was in line w/ his wife and one 

of her friends. He stated the crowd 

became more anxious as 5:00 a.m. 

approached. When everyone rushed 

in the doors, clmt states another 

customer w/ a shopping cart, pinned 

him against the bench outside the 

door. He states his knee was 

mashed between the bench and the 

customers s/c. clmt did not feel the 

store had enough security.” 

“P/M states she was up front also 

and it was dark when the doors 

opened. People were pushing and 

she states it was “crazy” ...someone 

alleged they rcvd an ankle injury 

during the initial entrance on blitz 

day.” 

“Clmt was in line outside the store 

and states inc occurred at 5:02A. 

Clmt states he was in line before 

4:00A. Someone said they were 

going to open the doors at 

4:00A..people in the back of the 

line started rushing the door. Clmt 

states no security was out there.” 

“When the doors opened at 5:00A, 

people just began pushing and 

rushing. Clmt was standing w/ his 

wife and one of her friends. He 

states he was pinned against the 

wall by a s/c that someone else was 

pushing into the store.” 

“Wife wants to add that it was 

16
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

1391 Box 1 

really scary that there was no 

security...she wants to be sure that 

is noted in this file.” 

“What methods of crowd control 

were being used by the store prior 

to the inc” 

Claim #5416843 

(1398-1413) 

1403 

1411 

Last box 

Box 4 

“when the doors opened, the people 

in the proper line panicked b/c the 

other people who were there less 

time were getting in so they all 

started pushing and rushing – got 

pushed down and stampeded – 

managed to crawl over to vending 

machine and associates helped her – 

no one outside directing the crowd” 

“Troy Boss, Store manager – 10 

month associate 

Store opened the doors and clmt 

was at the front of the crowd – clmt 

ran through the doors and either got 

tripped up or knocked down and 

she got trampled – customers were 

unruly and wild – floor was clean, 

clear and nothing to trip on – no 

crowd control measures 

specifically, but he went outside 

once to try to calm the crowd and 

they just looked at him – crowd just 

went crazy” 

“clmt should have been aware of 

the situation but store should have 

had some type of crowd control” 

“clmt said she got pushed down and 

stampeded... said someone stepped 

on her head, and body... said she 

truly though she was going to die... 

she managed to crawl over to a 

vending machine and got helped by 

some associates... said there was no 

one outside directing the crowd and 

no one trying any crowd control 

17
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

measures, they just opened the 

doors and let them go” 

Claim #5417179 

(1414-1417) 

1414 

1416 

1416 

Description 

Box 2 

Box 4 

“Description: knocked down by 

customers Blitz” 

“this happened when the doors first 

opened...” 

“the clmt was knocked down by 

customers on black Friday... this 

time I am requesting information on 

what precautions were taken in 

crowd control to make a decision 

on the claim.” 

Claim #5437652 

(1418-1439) 

1420 

1429 

Middle of page 

Box 1 

“Store version: The customer was 

the 20th person in line and about 50 

people rushed into him and crushed 

him up against a black bench, 

shopping carts and the front door.” 

“Facts: Black Friday. Clmt was 

waiting in line against wall. When 

doors opened others not in line 

rushed up and crushed him against 

the side of the wall and bench. Hurt 

his right foot and Left knee in the 

process. The store created the 

atmosphere in which this customer 

was injured will work with him to 

get file resolved.” 

Sec. Exhibit 127 

BINDER 4 of 4

Claim #3028671 

(2241-2242) 

2242 Last box “Clmt alleges several customers 

were pushing through doorway and 

she got her hand crushed.” 

Claim #2274683 

(2246-2252) 

2250-2251 Last box on 

2250 to box 1 

on 2251 

“said str had a little trouble getting 

doors opened and when they did all 

the customers wee anxious and they 

crashed thru the doors and dashed 

in side like a stampede. clmt said a 

bunch of other cust. pushed her 

down and a lot of people started 

running over top of her--mgr came 

over and helped her up—too many 

18
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

people coming for her to get up by 

herself” 

Claim #2276044 

(2306-2315) 

2312-2313

2313 

Last box on 

2312 to box 1 

on 2313 

Last box 

“Clmt states she was pushed from 

behind by other shoppers while 

trying to enter store. Large crowd 

entering store day after 

Thanksgiving.” 

“confirm how many people 

standing in line – how many people 

wer injured – did store have any 

loss P or assoc assigned outside to 

maintain crowd – confirm what 

store was doing to maintain crowd 

– did store anticipate there was 

going to be this large of crowd – 

were police called – how were toys 

being distributed – did ambulance 

have to be called” 

Claim #2276115 

(2316-2324) 

2323 Box 2 “called str spoke with tim sd they 

opened the doors at 6am there were 

about 150 people outside they all 

came trampling in were pushing 

and shoving the clmt got knocked 

down came to courtesy desk was 

about to faint the str called an 

ambuilance to have her taken to 

hospital I asked him if the str tried 

to control the crowd he sd there was 

nothing they could do except stay 

out of the way” 

Claim #5696364 

(2461) 

2461 Description “Description: “customer alleges 

being caught in trampling incident 

in vestibule entrance” 

Claim #5697974 

(2462) 

2462 Description “Description: customer alleges 

being caught in trampling incident 

in outside exit” 

Claim #5702673 

(2463) 

2463 Description “Description: customer alleges 

being caught in trampling incident 

in vestibule entrance” 

Claim #5702694 

(2464) 

2464 Description “Description: customer alleges 

being caught in trampling incident 

in vestibule entrance” 

Claim #5715080 

(2465) 

2465 Description “Description: customer alleges 

being caught in trampling incident 

19
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

in vestibule entrance” 

Claim #5727741 

(2466) 

2466 Description “Description: customer alleges 

being caught in trampling incident 

in vestibule entrance” 

Claim #5727758 

(2467) 

2467 Description “Description: customer alleges 

being caught in trampling incident 

in vestibule entrance” 

Claim #5899051 

(2468) 

2468 Description “Description: customer alleges 

being caught in trampling incident 

in outside exit” 

Claim #5904601 

(2469) 

2469 Description “Description: customer alleges 

being caught in trampling incident 

in outside entrance” 

Sec. Exhibit 128 [Note: clips from Sec. Exhibit 128d 

& 128f were shown at trial] 

Sec. Exhibit 129

Claim #4847496 

3 Box 1 “Called store and spoke to Kenneth 

Worthington assistant manager. 

Said that the claimant came in and 

said that she got to the store at 3 am 

and that she was 25th in line. He 

said that they opened the doors at 

5:00 and people from the PL came 

and pushed their way in. The 

claimant was pushed and pinned 

into the door until the door broke 

and then she finally got away.” 

“He said that they had security 

inside and they also called the 

Nassau county police. The police 

said that they could not work crowd 

control. The customers broke the 

doors completely off including the 

motor.” 

“He said that they had taken a row 

of shopping carts trying to keep the 

people a little more orderly and 

they were trying to get the small 

children and handicapped out of the 

crowd but they had over 3000 

people there he said that there was 

people still standing in line at noon 

to get into the store.” 

20
Secretary’s Trial Exhibits 112-130 

As per Judge Rooney’s request 

July 14, 2010 

21

Sec. Exhibit 130

Claim #4836912 

12 Box 4 “Called store spoke to Sal D’Amico 

Assistant manager in training he has 

been with the company for 14 

months” 

“There were not any procedures in 

place for the laptops they were just 

first come first serve he said that 

there was not any security in that 

area at the time, they were all at the 

front door the customers that were 

still waiting to come in had broken 

down the door.”