Walmart Sued for Allowing El Paso Mass Shooting

EL PASO, TX — A family of four has filed the first lawsuit after the shooting at an El Paso Walmart on August 3, 2019.

Jessica and Guillermo Garcia were shopping near the entrance of the store with their two children when Patrick Crusius approached with an AK-47 assault rifle and began shooting. Crusius shot at the Garcias multiple times as their children watched in horror. At least one bullet hit Guillermo Garcia’s spine, and he has undergone multiple surgeries since. Today, one month after the shooting, Guillermo Garcia remains in the hospital in critical condition. Jessica Garcia was also hospitalized for her injuries but has since been released.  

In all, Patrick Crusius murdered 22 and injured 22 more that day in Walmart.

The family’s suit filed in and El Paso County district court claims Walmart had a responsibility to protect its customers, and that Walmart failed to live up to this duty because it did not employ security guards to patrol the store. The El Paso Walmart location where the shootings occurred does not appear to have had any armed guards for security, although a number of other Walmarts around the country do.

“We are also requesting information about Walmart’s security practices, including how the El Paso store was rated on Walmart’s highly secretive risk-scoring and crime-database systems,” says family attorney Rob Ammons.  “We also want to know whether El Paso Walmart managers altered store security policies in response to a hostage situation and shooting that took place in 2016 at a Walmart in Amarillo, Texas.”

The Garcia family’s suit requests a temporary restraining order to preserve the scene and any evidence Walmart has collected since the shooting. Walmart notified El Paso Mayor Dee Margo on August 21, 2019, that it planned extensive renovations of the store, including rebuilding the entire interior of the store and installing new fixtures and new flooring. According to the lawsuit, since Walmart regained possession of the store from law enforcement two weeks ago, it has already completely gutted the entire front area.

Robert Ammons and Patrick Luff of The Ammons Law Firm in Houston represent the Garcia family in filing suit against Walmart. The Ammons Law Firm also represents a number of families affected by the 2017 First Baptist Church shooting in Sutherland Springs near San Antonio where 26 died and 20 were injured.

On a GoFundMe page for Jessica Garcia, it is claimed that due to the shooting, the family has no income, and "any help is appreciated." The page indicated that $17,231 of the $25,000 goal was raised.

The basis for the lawsuit is "somewhat virgin territory," plaintiff attorney Luff told CBS Marketwatch today. "The law in Texas is very difficult when it comes to premise claims, like this one is, and the Texas Supreme Court is hostile to these claims, but we think a jury of 12 from the El Paso community is going to see that Walmart knew there were steps it could take to make this Walmart safer," Luff said.

The Texas Supreme Court's nine places are packed with nine Republicans. Justices to that court are elected by voters in Texas.

Luff told Marketwatch he expects an El Paso jury will be sympathetic to the plight of the Garcias. While he will argue that while he is seeking compensation for his clients, the question he will pose to the jury will be, as CBS reported, "What is the number that will force the largest retail company to change?"