The family also filed notice that Nassau County, on Long Island, and its police department will be sued.

The lawsuit against Wal-Mart and the Long Island mall where it is located was filed Wednesday in state Supreme Court in the Bronx on behalf of Elsie Damour Phillipe. Phillipe is the sister of victim Jdimytai Damour (DHMEE'-tree Di-MOHR'), and is the court-appointed administrator of his estate.

Damour, a temporary worker hired for the holiday season, was crushed to death when some 2,000 customers stormed into the Valley Stream store.

None of the defendants in the lawsuit immediately responded to requests for comment.