Federal Jury Finds Walmart Negligent for Selling Shotgun Used in Employee’s Suicide and Finds More Than $10.5 Million in Damages
In a closely watched case with implications for corporate accountability in firearm sales, attorneys from Sullivan Law, LLC and Gallagher LLP prevailed in Brady, et al. v. Walmart, Inc., securing a multimillion-dollar verdict against Walmart, the nation’s largest retailer.
On November 15, 2019, Jacob (Jake) Mace died by suicide using a shotgun and ammunition that were sold to him by his employer, Walmart, in St. Mary’s County, Maryland. The evidence at trial established that Walmart sold Jake the firearm and ammunition during his lunch break despite knowing of Jake’s history of mental illness and his recent suicidal ideation and suicide attempts. Less than two hours later, Jake died by suicide using the firearm and ammunition that Walmart sold him.
Sullivan and Gallagher were engaged by the victim’s family to represent them in the lawsuit against Walmart in the United States District Court for the District of Maryland, asserting that store managers ignored clear warnings about Jake’s mental illness and his suicidal ideation.
“Given that managers at the store knew about Jake’s mental illness and were told that he intended to use a firearm to end his life, Walmart should have taken steps to make sure Jake could not buy a firearm at Walmart,” said Anatoly Smolkin, Partner at Gallagher.
Following a 10-day civil trial that focused on communications among employees and managers inside the Walmart store—and included questions concerning whether this action fell under exceptions to the Protection of Lawful Commerce in Arms Act (PLCAA)—a federal jury determined that Walmart was negligent for selling the firearm to Jake. The jury awarded the family more than $10.5 million in damages. The noneconomic damages portion of the award is likely to be capped in accordance with Maryland state law, and Walmart will have the opportunity to appeal.
“The evidence was clear that Walmart knew Jake was suicidal, and the gun should not have been sold to him,” said Kevin Sullivan, Founding Member at Sullivan.
“We are very grateful for the jury’s hard work and attention,” Jake’s family members said in a statement. “They recognized Jake had a disease — depression — which impacted his decision making. We are hopeful these retailers will include more training on mental health conditions and suicide prevention in the future.”
Kevin Sullivan from Sullivan Law and Anatoly Smolkin from Gallagher served as co-counsel at trial for the plaintiffs. The trial team received support from Tony Jerome and Ryan Steinberg of Gallagher and Alexis Halpin of Sullivan Law.
The trial and resulting verdict were covered by prominent media outlets including The Washington Post, Bloomberg Law, and The Daily Record.
About Sullivan Law
Sullivan Law is a boutique litigation firm located in downtown Baltimore focusing on real estate, construction, and property management litigation and risk management. The firm also represents clients who have suffered from medical malpractice, serious personal injury, or sexual abuse.
About Gallagher
For 65 years Gallagher has been a trusted partner for businesses and non-profits across the mid-Atlantic region. Representing top universities, hospitals, financial institutions, real estate developers, and more, our firm is experienced in a wide range of practice areas, including real estate development, affordable housing development and financing, civil litigation, health care, employment law, corporate transactions, renewable energy, and confidential investigations. We pride ourselves on offering innovative, practical solutions with a personal touch, acting as your partner and trusted advisor. With a deep commitment to seeing challenges from every angle, Gallagher is here to help you navigate the complex legal landscape with confidence.
