NEW YORK (CNN) -- Two customers are suing Wal-Mart for negligence after being injured in a mad rush for post-Thanksgiving bargains that left one store employee dead, the men's attorney said Tuesday.
Temporary Wal-Mart worker Jdimytai Damour, 34, was crushed to death as he and other employees attempted to unlock the doors of a store on Long Island at 5 a.m. Friday.
Attorney Kenneth Mollins said Fritz Mesadieu and Jonathan Mesadieu were "literally carried from their position outside the store" and are now "suffering from pain in their neck and their back from being caught in that surge of people" that rushed into the Wal-Mart.
New York Newsday reported that the Mesadieus are father and son, ages 51 and 19.
The lawsuit alleges that the Mesadieus' injuries were a result of "carelessness, recklessness, negligence."
In a claim against the Nassau County police department, the men also contend that they "sustained monetary losses as a result of health care and legal expenses ... in the sum of $2 million."
"This is a tragic situation that could have and should have been avoided with the exercise of reasonable care. There are very simple measures that could have been put in place to avoid this, such as barriers along the line to spread people out, extra security and a better police presence," Mollins said.