A lawsuit filed last week in Chesapeake Circuit Court is the latest to try and hold Walmart accountable for the actions of an employee who shot and killed six people on Nov. 22.

It's the fourth lawsuit against the company following the shooting, but the first filed on behalf of one of the six who were slain. It's also the first against the estate of the shooter, Andre Bing.

The estate of 70-year-old Randall Blevins, represented by Virginia Beach attorney Greg Sandler, asks for a total of $45 million in damages between Walmart and Bing's estate, based on six counts. 

Blevins had worked for Walmart for more than three decades. As a night stocker, he worked to unload trucks, arrange merchandise and move pallets while the store was closed to the public.

The lawsuit says Blevins clocked into work the night of the shooting before his shift began at 10 p.m. and was sitting in the store's break room. That's when Bing, his supervisor, shot him multiple times.

The shooting was unprovoked and intentional, the family writes in the new complaint, leading to Blevins' wrongful death. They say that allows them legal standing to sue Bing's estate for civil battery and several forms of negligence.

The lawsuit also alleges Walmart should be held "vicariously liable" for the shooter's actions because he was on duty as a company employee at the time.

"Nothing in any written job description for Randy's position with Walmart would reasonably expose Randy to being shot and killed while performing his tasks for Walmart."

Blevins' estate say they request damages in part to cover funeral expenses, loss of income from Blevins and the mental anguish his death has caused.

The complaint states that they "demand" a jury trial.

Three Chesapeake employees represented by a firm in Washington, D.C. have already sued Walmart, saying that the company was aware of a troubling pattern of behavior by the shooter and didn't do anything about it. The company is requesting a judge to dismiss their lawsuits.

The Walmart location at Sam's Circle remains closed. The company emptied out the space last year and donated most of what was inside.

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