A crowd management expert testified Thursday that the Valley Stream Walmart lacked adequate crowd control and safety measures in the 2008 Black Friday trampling death of a temporary worker.

"They were planning on a special event that they anticipated would draw a large amount of people," said Paul Wertheimer, head of Crowd Management Strategies of Los Angeles, who testified in front of Judge Covette Rooney of the Occupational Safety and Health Review Commission in Manhattan.

Wal-Mart Stores Inc. is fighting a $7,000 fine from the federal Occupational Safety and Health Administration after the death of Jdimytai Damour, a greeter who died after being trampled by crowds surging into the store for Black Friday sales. Wal-Mart contends the fine is based on "a standard that was neither posted nor proposed at the time."

Wertheimer testified that the company should have prepared for the number of expected customers.

OSHA lawyer Jeffrey Rogoff showed clips from a surveillance video of the store shot the day that Damour was killed.

"We see people being trampled, literally," Wertheimer said.

But Wal-Mart lawyer Jason Schwartz questioned Wertheimer's credentials, noting he did not have experience in advising retail companies in crowd safety. He also asked if Wertheimer faced a conflict of interest in testifying as OSHA's witness while being on retainer as an expert for the Damour estate in its lawsuit against Wal-Mart.

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