CHESAPEAKE, Va. — One of the victims who survived the mass shooting at the Chesapeake Walmart in November 2022 is no longer pursuing her lawsuit against the retailer, according to a statement from her attorney.
Briana Tyler — who says she was narrowly missed by a bullet the night of the shooting that left six employees dead — had been suing Walmart for $50 million in damages.
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Chesapeake Walmart shooting survivor claims shooting was personal attack
"I looked up and my manager turned around and he just opened fire on everybody in the break room and it is by the grace of God that a bullet missed me," Tyler told reporters shortly after the shooting.
Her first attempt at a lawsuit was nearly dismissed in April 2023, but a judge gave her more time to prove the attack was personal. Walmart had argued that the case should be dismissed because it falls under workers compensation.
In the lawsuit that followed, Tyler said the shooter, Andre Bing, had pointed the gun at her head in the employee break room and pulled the trigger, just missing her. When Tyler ran to escape, Bing pursued her into the retail section.
Watch: Walmart employee files $50M lawsuit following mass shooting
In a statement from Tyler's attorneys at Favaloro Law dated Feb. 7, 2024, they said the case was dismissed.
"The plaintiff has resolved to her satisfaction all claims in the case of Briana Tyler v. Walmart," the statement signed by Mark Favaloro reads. "As a result, this case has been dismissed with prejudice."
There will be no further statements on this matter from their firm on this case, Favaloro added.
In a statement emailed to News 3 (a sister station of CBS 6), Walmart responded, "We remain heartbroken following the tragic event in 2022 in Chesapeake, Virginia, and our sympathies continue to go out to everyone impacted. We’re thankful we could reach a resolution with Ms. Tyler."
The Chesapeake Walmart reopened to customers in April 2023, five months after the shooting.
