Peek v. Oshman's Sporting Goods, Inc.

OPINION

BUTTS, Justice.

This is an appeal from a summary judgment granted for appellee Oshman’s Sporting Goods, Inc. [Oshman’s] in a negligence and wrongful death and survival action brought against Oshman’s and others. The lawsuit alleged negligence on the part of Oshman’s in the sale of a handgun to Marvin Wiley Deberry, Jr., which Deberry used to shoot and kill Clyde Peek. Appellants, plaintiffs below, are Peek’s heirs. This cause of action was severed from the causes against the other defendants.

A defendant who moves for summary judgment has the burden to show as a matter of law that no…