Legal Opinion

Soper v. Wal-Mart Stores, Inc.

District Court, M.D. Tennessee

Decided April 23, 1996No. 3:95-0238PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

HIGGINS, District Judge.

The plaintiff, Kenneth Soper, originally filed this action in the Rutherford County. Circuit Court against the defendant Wal-Mart Stores, Inc., alleging that Wal-Mart had been negligent in the maintenance of an automatic bug spraying device that was mounted on a pipe in an aisle at its store in Smyrna, Tennessee. This device emitted a spray that entered the plaintiffs eyes as he was walking down an aisle at this Wal-Mart store, causing significant damage to his eye.

The defendant, Wal-Mart, a Delaware corporation, with its principal place of business in…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Schiavone v. FortuneSupreme Court of the United States · 1986
  4. McIntyre v. BalentineTennessee Supreme Court · 1992
  5. Dickerson v. ColgroveSupreme Court of the United States · 1880

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3Cited by12 opinions

  1. Catherine Whittlesey, Deceased, and Stephen E. Whittlesey, Sr. v. Frederick L. ColeCourt of Appeals for the Sixth Circuit · 1998
  2. Young v. Toys R US, Inc.District Court, E.D. Tennessee · 1997
  3. Wagner v. International Automotive Components Group North America, Inc.District Court, M.D. Tennessee · 2015
  4. Cassandra Lipscomb v. John DoeCourt of Appeals of Tennessee · 1998
  5. Clarissa Bidwell, Ex Rel James Bidwell v. Timothy A. Strait MDTennessee Supreme Court · 2021

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