South Cook News

EVERGREEN PARK – In what may be the first COVID-19 wrongful death suit brought in the state, the family of a deceased Walmart employee is suing the company, alleging management ignored an outbreak among employees.

The death of Wando Evans, 51, was one of two coronavirus deaths associated with the store. The Cook County Medical Examiner attributed his death to COVID-19 with underlying conditions.

Evans' brother, Toney Evans, filed the suit against Walmart Inc. in Cook County Circuit Court, claiming willful and wanton misconduct, reckless disregard and gross negligence. His family is seeking in excess of $50,000 in compensation for Evans’ death.

Phillip Thomas, 48, also worked at the Evergreen Park Walmart where Evans was employed. He passed away March 29. The suit by Evans’ family alleges that management was aware of several store employees who showed symptoms of COVID-19.

Evans was sent home by management two days prior to being found dead in his Chicago residence.

Attorney Tony Kalogerakos alleges that Evans, Thomas and other employees were infected with the coronavirus as a result of their employment at the store.

"The [Centers for Disease Control and Prevention] has designated Walmart stores as 'high volume retailers,' making them responsible for additional precautions to protect employees and customers from the spread of COVID-19," Kalogerakos said in a written statement. "At a minimum, they were responsible for notifying store workers that a colleague had symptoms consistent with COVID-19, providing their employees with personal protection equipment such as masks [and] latex gloves, implementing social distancing, and send[ing] exposed employees home until cleared by medical professionals."

Despite sending Evans home prior to his death, store management did not take any additional steps to sanitize the store or perform cleaning until after news broke of both Evans’ and Thomas’ deaths, Kalogerakos has alleged.

A statement from Walmart acknowledged additional cleaning had been undertaken, but did not note when specifically the cleaning took place.

"We are heartbroken at the passing of two associates at our Evergreen Park store and we are mourning along with their families,” said the statement from Walmart spokesman Randy Hargrove.