HOUSTON - A father recently petitioned the Texas Supreme Court to review Academy Sports + Outdoors’ summary judgment win in a suit asserting his daughter committed suicide with a handgun purchased from the store.
The lawsuit was brought by Guadalupe Rodriguez, who appealed a summary judgment ruling dismissing his claims against Academy.
Last month, the 14th Court of Appeals found that Academy proved that it did not violate any legal standard, leading Rodriguez to file his petition with the Supreme Court on April 19, court records show.
“When police officers found (the daughter’s) lifeless body, the gun she used to take her life still had Academy’s sales tag hanging from the trigger guard,” the petition states. “Academy sold (the daughter) the handgun, after hours, while she was experiencing a severe mental health crisis.
Court records show Academy moved for traditional summary judgment on two grounds: the federal Protection of Lawful Commerce in Arms Act barred Rodriguez’s claims; and that suicide is an affirmative defense to Rodriguez’s claims under Texas law.
The 14th Court concluded that Academy met its initial summary-judgment burden by establishing that the woman’s suicide was the sole cause of the damages sustained because Academy complied with the applicable legal standards alleged by Rodriguez.
In his petition, Rodriguez asks the high court to reverse the grant of summary judgment and allow him a meaningful opportunity to conduct discovery on his claims.
Under the “wrongful acts” defense, a defendant may be liable, even for a decedent’s suicide, when its conduct caused or contributed to the injury.
Rodriguez asserts the lower court erred by dismissing key evidence that raised fact issues that a jury must resolve.
“All that was required to avoid the ‘wrongful acts’ defense was to present some evidence raising a fact issue that Academy breached the standard of care applicable to firearms sellers,” the petition states. “The evidence did just that, painting a portrait of a woman in the throes of a severe mental health crisis that was ‘clear to everyone around her.’
“Still, Academy sold her a weapon, deleted the surveillance footage, and insisted on no wrongdoing.”
Supreme Court case No. 24-0318