Joplin Tornado Victim’s Family Sues Wal-Mart

Wal-Mart Stores Inc. and the manager of a Joplin supercenter are blamed in a lawsuit for the death of a man who was inside the store when an EF-5 tornado hit on May 22, 2011.

Stanley Kirk, 62, and two other people in the store at 1501 Rangeline Road were among the 161 victims of the tornado.

Kirk’s widow, Janice Kirk, and daughter, Jodelle Kirk, filed the wrongful-death suit July 31 in Jasper County Circuit Court. On Friday, the suit was transferred to the U.S. District Court for the Western District of Missouri.

In the suit, the women claim Stanley Kirk tried to leave the store after the tornado sirens sounded to return home, but “was forced to stay in the store and directed to an unsafe/improper location.”

The suit states Wal-Mart and store manager Andy Martin “had the responsibility to adequately design and construct the store, keep patrons safe during emergency, and design and implement a proper emergency plan.”

In Wal-Mart’s request that the case be moved to U.S. District Court, the company states that Martin could not have been negligent or breached his duties as claimed because he was on vacation the week of the storm.

The suit doesn’t list a specific dollar amount in damages, but states the plaintiffs will seek compensation for pain and suffering, lost income from Kirk’s job as an aircraft engine technician, and medical and funeral expenses.