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Jessica and Guillermo Garcia and their two children claim that the retailer has not hired security guards to patrol the store, according to a lawsuit filed last week against Walmart, Inc. and Walmart Stores Texas, LLC at the county's county court. 'El Paso.
The couple were shopping at the store when they were shot repeatedly "under the horrified gaze of their children," family lawyers said in a joint statement.
Jessica Garcia was initially hospitalized and has since been released. Her husband remains in critical condition, said lawyers Robert Ammons and Patrick Luff.
Guillermo Garcia underwent several surgeries last month after at least one bullet hit the spine during the shooting, said Ammons and Luff.
In the lawsuit, the family said that the retailer had the obligation to "provide security to patrol and monitor the entrances and common areas of the store" but failed to do so.
The couple's injuries "would not have occurred without the negligence, gross negligence and responsibility of the premises of the companies surveyed in Walmart," the lawsuit said.
This does not indicate if the family is claiming monetary damages. But they are demanding a restraining order for Walmart, who began renovating the store, to preserve the evidence of the shooting.
Walmart spokesman Randy Hargrove said the company would respond to the complaint once the document is delivered.
"This tragic event will be with us forever and our hearts go out to the families affected.Safety is a top priority and we value our employees and customers," said Hargrove. "We have kept the information we have and worked meticulously with the federal and local authorities, who documented everything that happened on August 3rd."
Ammons said his law firm is also seeking information on Walmart's security procedures.
"We are also asking for information about Wal-Mart's security practices, including how the El Paso store has been classified in the highly confidential risk assessment and database systems. Wal-Mart crime, "he said. "We also want to know if El Paso Wal-Mart officials have changed store security policies in response to a hostage and shootings that occurred in 2016 in a Wal-Mart store. Mart in Amarillo, Texas. "
Brad Parks and Konstantin Toropin of CNN contributed to this report.
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