Walmart has been hit with a lawsuit, accusing it of not doing enough to prevent the COVID-19-related death of at least one of two employees at its Evergreen Park store confirmed to have died from complications associated with the disease.
The attorney who filed the action said he believes it marks the first wrongful death lawsuit brought against anyone in Illinois in connection with the COVID-19 pandemic.
On April 6, attorney Tony S. Kalogerakos, of the Injury Lawyers of Illinois LLC firm, of Lincolnwood, filed suit in Cook County Circuit Court on behalf of the family of Wando Evans against Walmart.
Tony Kalogerakos
| Injuryrights.com
On Sunday, Walmart announced two workers at its store in suburban Evergreen Park had died after becoming infected with the novel coronavirus that causes COVID-19.
The news release did not identify the two workers who died.
One day later, however, Kalogerakos identified the deceased workers as Wando Evans, 51, and Phillip Thomas, 49.
Kalogerakos said he is representing only the family of Evans in the legal action at this time.
In the lawsuit, Evans’ family accuses Walmart of not following recommendations from the Centers for Disease Control of the Occupational Safety and Health Administration (OSHA). The company allegedly put "not only its employees but the general public at risk,” Kalogerakos said in a press release announcing the lawsuit.
The attorney said Walmart was “at a minimum … responsible for notifying store workers that a colleague had symptoms consistent with COVID-19, providing their employees personal protective equipment such as masks and latex gloves, implementing social distancing, and sending exposed employees home until cleared by medical professionals.”
According to Kalogerakos, Evans reported feeling ill to store management “two weeks ago but was ignored.”
The complaint asserts Evans was sent home by store management on March 23. He was found dead in his home two days later.
The complaint said Evans worked as an “overnight stock and maintenance associate” at the Evergreen Park Walmart. It said Evans had worked at the store for 15 years.
The lawsuit accuses Walmart of willful and wanton misconduct, reckless disregard and gross negligence.
According to the release from Kalogerakos, Evans’ coworker, Phillip Thomas, died on March 29.
Kalogerakos said he has also requested an OSHA investigation into the deaths.