CHESAPEAKE, Va. (WAVY) — What happened the night of Nov. 22, 2022 forever changed the Chesapeake community. Six people went to work at the Sam’s Circle Walmart and would never come home.
Those who survived the tragedy are still grappling with the trauma caused by that night. One of those survivors is 35-year-old Sarah Merlo.
10 On Your Side spoke with the former employee’s attorneys about what’s next for the woman who survived seven gunshots.
Merlo’s attorneys say she worked at the Sam’s Circle Walmart for three years. The shooter was her supervisor and she reported his disturbing behavior numerous times over a two-year span.
In September, Merlo filed a lawsuit stating the risk of being shot was not part of the job.
The 35-year-old survived seven gunshots–including one to the face, leaving her with severe physical injuries, ongoing medical treatment and unable to work. Merlo believes the shooter targeted her out of his dislike for her. The night of Nov. 22, 2022, Merlo hid under a table and begged her supervisor to not shoot her.
Last Tuesday, Walmart filed a demurrer and motion to dismiss Merlo’s $25 million lawsuit against the corporation for negligent retention.
Merlo’s counsel has previously denied commenting on the lawsuit until today. Attorneys Craig Davis and Kyle McNew sent 10 On Your Side the following statement on behalf of Merlo:
Sarah Merlo is a survivor and what happened to her was a senseless yet avoidable tragedy. We do not believe that the law should simply accept gun violence as a risk of being at a Walmart, whether you are a customer or an employee. We look forward to establishing Walmart’s knowledge of [the shooter’s] troubled mind and violent tendencies and their failure to take reasonable steps to protect their employees and customers.
Earlier this week, a judge ruled Briana Tyler can move forward with her $50 million lawsuit against Walmart on the grounds that Walmart should have known that the shooter was a danger to employees and terminated him based on prior complaints, and that the corporation can be held responsible for the actions of its employee.
Merlo faces a lifetime of medical care and trauma as a result from last year’s mass shooting. She showed up for her shift as a dedicated employee and by the end of the night suffered immense physical and mental injuries.
Statement from Attorneys Craig Davis and Kyle McNew, on behalf of Sarah Merlo