A couple who were wounded in the mass shooting at El Paso’s Cielo Vista Walmart have filed a lawsuit against the retailer alleging that it failed to provide adequate security at the store.
An electronic review of El Paso County court docket records indicated the suit has been filed by Jessica and Guillermo Garcia, but Walmart had yet to be served with a copy of the complaint.
The Garcias were shopping at the Walmart along with their two children when a gunman opened fire. Guillermo remains hospitalized with spinal injuries, while Jessica has since been treated and released.
The couple is being represented by the Ammons Law Firm based out of Houston, which has also represented victims of the 2017 Texas church shootings in Sutherland Springs.
The couple was shot multiple times “as their children watched in horror,” the attorneys representing the family said in a statement on Wednesday. “Wal-Mart had a responsibility to protect its customers, and that Wal-Mart failed to live up to this duty because it did not employ security guards to patrol the store.”
This is the first known lawsuit to be filed in the aftermath of the Aug. 3 tragedy.
The suit doesn’t indicate whether the family seeks monetary damages. But they are requesting a restraining order requiring Walmart, which has begun renovating the store, to preserve evidence from the shooting.
The couple’s injuries “would not have occurred but for the negligence, gross negligence… of the Walmart respondents,” the lawsuit stated.
Walmart spokesman Randy Hargrove said the company would respond to the suit once they are served with the court papers.
“This tragic event will be with us forever and our hearts go out to the families that were impacted. Safety is a top priority and we care deeply about our associates and customers,” Hargrove said.
(ABC-7 wire services contributed to this report.)