CHESAPEAKE, Va. — A survivor of the Chesapeake Walmart mass shooting where six people were shot and killed last November has to re-file her lawsuit after a judge ruled in favor of the superstore.
The judge is asking for more information in former employee Briana Tyler's $50 million lawsuit, citing a lack of evidence.
In her latest lawsuit, Tyler said she escaped the break room where her co-worker opened fire on a group of employees.
She said he then chased her through the store and shot the gun, narrowly missing her. In her lawsuit, she said she found bullet-shaped holes in the hood of her jacket, showing how close the bullets came to her body.
In court Wednesday, lawyers representing Walmart and Tyler made their arguments over whether Tyler's injuries and mental trauma should be covered by the Workers' Compensation Act or through civil damages.
Tyler's attorney, Mark Favaloro, argued the attack was personal just on the fact that the gunman allegedly chased Tyler, targeting her personally.
Favaloro also brought up another point about what the gunman allegedly told another employee in the room.
The employee at the time, Jessie Wilczewski, told national news outlets that the shooter looked her in the eyes, said "go home Jessie," and walked away after opening fire inside the break room.
The judge argued that claim was not made in the lawsuit and questioned why Favaloro brought it up in court. Favaloro said it pertains to the matter because, if it is true, the action showed the gunman specifically targeted people for personal reasons.
In response, Walmart's attorneys said there's no proof that Tyler and the shooter had a relationship outside of work that would define the shooting as a "personal attack" in the eyes of the law.
They added though it could be considered an "individual attack," they said there is no proof that it was "personal" and therefore, the Workers' Compensation Act would only apply to Tyler's injuries.
"Workers' compensation statute, the law, has different standards even in something as horrific as this," Favaloro said. "Of course, we take the latter position that it is a tort action and that's really what this case is all about."
The judge gave Favaloro 30 days to re-file the lawsuit with more information.
Favaloro said he is working to attain security footage and other evidence from Walmart representatives to support the case.
Two of Tyler's co-workers also filed lawsuits against Walmart, but they voluntarily withdrew them earlier this year.
They do have the power to re-file their complaints again in court if they choose.
The family of Randy Blevins, one of the six victims, also voluntarily withdrew the wrongful death lawsuit.
Blevins' family attorney, Gregory Sandler, was present at Tyler's hearing. He said he plans to re-file the wrongful death lawsuit in Chesapeake Circuit Court.
Sandler said he is also working on gathering more information and evidence to support his case. He asked anyone with information on the gunman or what else happened leading up the shooting to contact his law office.
The store reopened to the public on April 19 with a grand ceremony. The store has a new layout, a mural, and a memorial representing each victim.
Sandler said Blevins' family members told him they wish the store never reopened out of respect for the victims' families.