CHESAPEAKE, Va. — A survivor of last year's mass shooting at a Virginia Walmart alleged it was a personal attack against her in a newly-refiled lawsuit.
Briana Tyler is seeking $50 million in damages against the supercenter. She was nearly shot during the shooting, but survived — six others were killed.
Her initial lawsuit was nearly thrown out in April, but a judge gave her attorney more time to prove the attack was personal.
In the new complaint, Tyler said the shooter, identified as Walmart manager Andre Bing, began killing employees in the break room.
Bing directly pointed the gun at Tyler's head and pulled the trigger and narrowly missed, the lawsuit said. She then reportedly ran out of the room and Bing broke off a pursuit of another person to begin chasing her and firing at her.
The lawsuit states Tyler was the only person that Bing chased all the way into the retail part of the store during the shooting.
An attorney for Walmart didn't immediately respond to a request for comment. During an April court hearing, attorneys argued the case should fall under worker's compensation and have argued the lawsuit should be dismissed.
Under worker's compensation, employees could be repaid for medical expenses or lost wages, but would not be compensated for lawsuit damages.
"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 happened in November of 2022.
Following the shooting, the store was closed for several months, but it reopened in April.