AutoZone faces lawsuit after a Fort Worth employee shot a customer in 2021

James Hartley
·2 min read

A man who police said was shot by a Fort Worth AutoZone employee on Nov. 7, 2021, has filed a lawsuit against the employer, alleging negligence by the car parts company when it hired the worker, according to a lawsuit filed Wednesday.

Markell Sallis is seeking $1 million in monetary relief after the shooting, alleging in the suit that Ernest Cary Jr., the 40-year-old employee, caused mental anguish, physical pain, disfigurement and scarring, physical impairment, medical care costs, loss of services and loss of earning capacity and wages. The lawsuit was filed in a Tarrant County district court.

Cary was charged with aggravated assault with a deadly weapon on Nov. 23, according to Tarrant County court documents. The criminal case is still pending.

Police on Nov. 7 told the Star-Telegram that their initial investigation suggested Cary, whose identity had not been released at the time, was reacting to Sallis becoming “irate” at the AutoZone at 8636 S. Hulen St. around 11 a.m.

Police said they planned to review witness statements and surveillance video and consult with the district attorney’s office about possible charges.

A police spokesman told the Star-Telegram on Thursday that the department did not have any updates to share. A public information request has been filed for an arrest warrant affidavit for Cary.

Sallis was taken to a hospital in critical condition, and police said at the time Cary was cooperating with their investigation.

The lawsuit says Sallis was at the store to exchange a vehicle battery and that Cary shot him multiple times without warning. It claims the company was negligent in hiring Cary and knew or should have known that Cary was “incompetent or an unfit employee thereby creating an unreasonable risk of harm to others” when he was hired, and is thus responsible for his actions and the harm done to Sallis.

A spokesperson for AutoZone did not immediately reply to a request for comment.

The lawsuit claims AutoZone failed to “investigate, screen, or supervise its employees” and that resulted in Sallis’ injuries.

Cary was released on $50,000 bond and is scheduled to appear in court on the assault charge on Feb. 9, according to Tarrant County court records.

Cary’s attorney declined a Star-Telegram request for comment.

Sallis is asking for the lawsuit to be heard by a jury, according to the suit.

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