![]() ![]() It also says store officials knew or should have known that the building was "not constructed properly considering this increased risk of violent storms and tornadoes," and "knew or should have known there was not a proper emergency plan in place at the store, including a lack of signage and identified safe areas/tornado refuge areas.' 59 was located in an area that was at a high risk of tornadoes and violent wind." "Defendant Wal-Mart knew or should have known that Joplin Store No. The lawsuit accuses Wal-Mart of negligence. Defendants had the responsibility to adequately design and construct the store, keep patrons safe during emergency, and design and implement a proper emergency plan." The suit alleges "(Kirk) was forced to stay in the store and directed to an unsafe/improper location. ![]() At some point between then and 5:24 p.m., Kirk "attempted to leave the store to return (to his) home" which was three miles away, "or a seven minute drive from the store and located in an area outside the path of the storm and untouched by the tornado." ![]() Kirk went to Wal-Mart that day for a "golf-related item." The tornado siren sounded at 5:17 p.m. The suit charges the company for not being prepared for the EF-5 tornado that destroyed the 15th Street Wal-Mart on and for not having an adequate emergency plan.Īccording to the petition, Mr. District Court for the Western District of Missouri today. The action, originally filed in Jasper County Circuit Court, was transferred to U. The wife and daughter of Joplin Tornado victim Stan Kirk, 62, an aircraft technician have filed a wrongful death lawsuit against Wal-Mart. ![]()
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