A family injured when a gunman opened fire in a Walmart in El Paso initiated what might be the first litigation following the mass shooting.

Jessica and Guillermo Garcia were both shot while their two children watched, and now they’re alleging that Walmart was negligent by not providing proper security at the store to prevent the Aug. 3 shooting. They’re seeking a court’s permission to take depositions of Walmart Inc. and Walmart Stores Texas representatives to investigate potential legal claims against the retailer.

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