CHESAPEAKE, Va. — Another employee who survived the mass shooting at a Walmart in Chesapeake last year is filing a lawsuit against the store, court documents confirmed Wednesday.
Sarah Merlo is the fourth employee to file a lawsuit since the shooting happened on November 22, 2022. Documents say she is suing Philip Armstrong II, the administrator of the shooter's estate, as well as Walmart Inc. and Wal-Mart Stores East, L.P.
On the night of the shooting, a team lead at the Walmart store opened fire in the break room around 10 p.m., killing six people and then himself. Several other people were hurt in the chaos.
The lawsuit alludes to years of complaints employees made to Walmart regarding the gunman's "violent" behavior, some of those made by Merlo.
Employees Donya Prioleau, James Kelly, and Briana Marie Tyler have also sued the company, pointing to times they reported the gunman to human resources for inappropriate workplace behavior and concerning statements.
In the lawsuit, Merlo also refers to times when she said the man had directed his "disturbing and harassing behavior" toward her, from assigning difficult tasks to sharing that "he liked to kill animals," and describing "how the dead animal carcasses smelled."
The documents say the gunman was paranoid and delusional and that his suspicions would manifest in the form of aggressive or threatening behavior at work "as well as towards the world generally." The lawsuit also said he made "veiled threats of active shooter situations" to other employees.
Despite Merlo informing Walmart supervisors and the store manager about the gunman's "threatening nature," the lawsuit claims the store's response was "utterly dismissive" of employee concerns.
The lawsuit also describes the shooting spree leading up to the gunman finding Merlo. It says he found her "hiding behind a table on her hands and knees and pointed his gun at her head."
Merlo said she shouted, 'Please.' 'No!' before the gunman smiled and shot her in the face. She said he then shot her six more times the neck, chest, elbow and stomach.
But prior to shooting Merlo, the lawsuit says the gunman recognized another individual, whom he told to leave so she would not be hurt. The lawsuit alleges that because he let that individual leave unharmed, his attack on Merlo was personal, not a result of her role as an employee.
The lawsuit says Merlo has undergone multiple surgeries, and "faces a lifetime of medical care from these physical injuries and emotional distress."
Merlo is asking for $20 million in compensatory damages and $350,000 in punitive damages, according to the documents.
13News Now reached out to Walmart for a statement in response to the lawsuit. The store responded Wednesday night.
“The entire Walmart family remains heartbroken by everyone impacted. We continue to wish Ms. Merlo well in her recovery. We are reviewing the Complaint and will be responding as appropriate with the court,” the store's statement read.