Legal Opinion

Robertson v. Grogan Investment Co.

Texas Court of Appeals, 5th District (Dallas)

Decided April 16, 1986No. 05-85-00570-CVPublishedCited by 9 opinions

1Opinion of the Court

McCLUNG, Justice.

Does the allegation that “the sale of handguns ... to the general public is an abnormally dangerous and ultrahazardous activity” state a cause of action for strict liability under the laws of the State of Texas? We hold that it does not. On that ground we affirm the trial court’s order dismissing appellants’ cause of action for failure to state a claim.

This is a wrongful death action by the statutory survivors and estate of James J. Robertson. In December 1980, Robertson purchased a handgun from appellee Gro-gan Investment Company. A year-and-a-half later, Robertson committed…

2Cases cited14 opinions

  1. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  2. Turner v. Big Lake Oil Co.Texas Supreme Court · 1936
  3. Kelley v. R.G. Industries, Inc.Court of Appeals of Maryland · 1985
  4. Riordan v. International Armament Corp.Appellate Court of Illinois · 1985
  5. Marshall v. RanneTexas Supreme Court · 1974

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  2. Doddy v. Oxy USA, Inc.Court of Appeals for the Fifth Circuit · 1996
  3. Richardson v. HollandMissouri Court of Appeals · 1987
  4. Ellsworth v. Bishop Jewelry and Loan Co., Texas Court of Appeals, 5th District (Dallas)1987
  5. Barras v. Monsanto Co.Court of Appeals of Texas · 1992

4 more not listed; retrieve them via the Exa API.

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