A Cook County judge will not allow the family of a man who worked at the Walmart store in suburban Evergreen Park and died of COVID-19 to sue the world’s largest retailer over his death.
On March 8, Cook County Judge James N. O’Hara dismissed the lawsuit brought by the family of Wando Evans against Walmart. The case was dismissed with prejudice, meaning the family is not allowed to attempt to resurrect the lawsuit, except through appeal.
In a short order tossing the lawsuit, Judge O’Hara said Evans’ family’s legal claims belong in Illinois’ workers’ compensation system, and not as a wrongful death lawsuit in court.
Evans’ relative, Toney Evans, filed suit in Cook County Circuit Court in April, just weeks into the COVID-19 pandemic. It marked the first such lawsuit against an employer over a COVID-related death in Illinois.
Wando Evans, 51, had worked at the Evergreen Park Walmart store, when he became ill with COVID-19. He then became one of two workers at the store who died of COVID-19 in the early weeks of the pandemic in Illinois.
In the lawsuit, Evans’ family asserted Walmart should pay because Evans’ supervisors allegedly ignored his complaints of illness, did not supply workers with sufficient personal protective equipment, and did not notify workers that any of their co-workers had COVID-like symptoms.
Further, they accused Walmart of not doing enough to abide by recommendations from the Centers for Disease Control or the Occupational Safety and Health Administration (OSHA), placing workers at risk.
In response, Walmart said the lawsuit had no business being in court. Rather, they said the Evans family claims belong in Illinois’ workers’ comp system, because Evans’ family claims he contracted the virus as a consequence of his job.
Walmart argued Evans’ family cannot claim Walmart intended to harm Evans, so the infection and death should be classified as an accident. They argued, under Illinois law and prior court decisions, plaintiffs seeking to skip the workers’ comp system must show employers “intended to kill” or “created a strong probability of death;” engaged in fraud; or created hazardous conditions through “gross misconduct.”
No such conditions exist in this case, Walmart argued, and the Evans family’s allegations “fall short” of meeting those standards.
Evans’ family is represented in the action by attorney Tony S. Kalogerakos, of the Injury Lawyers of Illinois LLC firm, of Lincolnwood.
Walmart has been represented by attorneys James P. Balog, Elizabeth M. Bartolucci and Lucas Sun, with the firm of O’Hagan Meyer LLC, of Chicago.