CHESAPEAKE, Va. — A $50 million lawsuit filed by an employee who survived the Chesapeake Walmart mass shooting last year can move forward, a judge in the Chesapeake Circuit Court ruled on Nov. 15.
Judge Stephen Telfeyan's ruling comes after Walmart challenged several claims made by Briana Tyler in the lawsuit, which argues she was specifically targeted in the November 2022 shooting that left seven people dead.
In the ruling, Telfeyan dismissed Walmart's challenges to claims of negligent retention and "respondeat superior," while sustaining the company's challenge of claims of gross negligence, and willful and wanton negligence. The judge also stated the lawsuit "alleges sufficient facts" to survive Walmart's challenges.
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According to the Society of Human Resource Management, negligent retention is when an employer doesn't take appropriate disciplinary action against an employee known or should be known to be unsuitable, and who causes harm to others.
"Respondeat superior" is a legal principle that holds employers responsible for wrongful acts of an employee if it happens "within the scope of the employment or agency," the Legal Information Institute said.
Taylor re-filed the lawsuit in May after her initial lawsuit was dismissed in April, with a judge arguing the original didn't have enough evidence to move forward. In the updated lawsuit, Tyler detailed how she said the shooter targeted her.
Tyler said her shift supervisor started shooting while she and her coworkers sat in the breakroom on Nov. 22. The suit alleges the shooter looked Tyler in the eyes, pointed his gun at her, and pulled the trigger.
He missed by inches, leaving bullet holes in her jacket, the lawsuit said. The lawsuit also claimed the shooter let another co-worker go unharmed.
Tyler alleged once the shooter left the breakroom, he began chasing another employee, but once he saw Tyler trying to escape, he stopped again to focus on her.
During an April hearing, Walmart’s attorneys said there was no proof Tyler and the shooter had a relationship outside of work that would define the shooting as a “personal attack.” Therefore, they said Tyler’s injuries would only fall under the Workers’ Compensation Act.
13News Now reached out to Tyler's attorney regarding the judge's decision and if the case will go to trial, but her attorney said he could not comment yet on the case.
A Walmart spokesperson sent a statement, saying, "We remain heartbroken following last year’s tragic event and are aware of the Court's decision and contemplating next steps."