Wal-Mart Stores, Inc. v. Merrell

Charles Merrell, Jr., (“Charlie”) and La-tosha Gibson died from smoke inhalation in the bedroom of their rented home. When police officers arrived, they found in the living room a badly burned recliner, a damaged pole-style floor lamp, and other furniture covered in soot and smoke. There were candles, melted wax, an ashtray, and a “blunt” 1 on the table next to the recliner, as well as smoking paraphernalia throughout the house, including ashtrays, a bong, 2 and marijuana cigarette butts. Two photographs were taken of the scene. The fire marshal declared the fire accidental and of unknown…