CHESAPEAKE, Va. — James Kelly, a Walmart overnight stocker, has filed a $50 million lawsuit against Walmart for two counts including negligent hiring and retention, and respondeat superior liability for assault.
This is the second lawsuit to be filed against Walmart by an employee who survived the mass shooting at the Walmart Supercenter in Chesapeake off Sam's Circle.
RELATED | LAWSUIT: Walmart employee, survivor says she reported gunman's concerning behavior months ago
In the eight-page lawsuit, Kelly said Walmart leaders should have known about the gunman's alarming behavior based on a string of complaints made months prior to the mass shooting.
According to the lawsuit, Kelly said there were multiple occasions of "harassing and badgering behavior" that he and other Walmart employees reported to Walmart leaders.
This includes an offhand conversation that the shooter allegedly told Kelly, "I don't care how big you are. I have something to take care of that."
In another instance, Kelly said the gunman warned him and other employees that "people will remember my name" if Walmart leaders ever fired him.
This quote is also stated in another Walmart lawsuit, filed by Walmart employee, Donya Prioleau. Prioleau filed her lawsuit just one week before Kelly, and also listed several disturbing examples.
Both Kelly and Prioleau said they have suffered physical injuries from escaping the break room the night of the shooting, and had suffered emotional trauma at the hands of the gunman.
The Walmart employees are both being represented by Morgan & Morgan, and are individually suing for the same amount.
A Walmart spokesperson said in a statement the company is reviewing the complaint and will respond as appropriate with the court.