Legal Opinion

Knight Ex Rel. Brown v. Wal-Mart Stores, Inc.

District Court, S.D. Georgia

Decided May 11, 1995No. Civ. A. 394-021PublishedCited by 17 opinions

1Opinion of the Court

ORDER

EDENFIELD, Chief Judge.

Before the Court is Defendant Wal-Mart’s motion for summary judgment on Plaintiff Knight’s claim that Wal-mart' -is hable for selling a firearm to a mentally incompetent customer who later killed himself with it. For reasons discussed below, the motion is GRANTED as to federal statutory liability and DENIED as to common law liability.

I. Summary Judgment Standard

Summary judgment is appropriate only when the pleadings, depositions and affidavits submitted by the parties show that there is no genuine issue of material fact and that the moving party is entitled to…

2Cases cited48 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  4. Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth DayCourt of Appeals for the Eleventh Circuit · 1990
  5. Runyon v. ReidSupreme Court of Oklahoma · 1973

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3Cited by17 opinions

  1. Sharon Rollins v. Wackenhut Services, Inc.Court of Appeals for the D.C. Circuit · 2012
  2. Johnson v. Wal-Mart Stores, Inc.Court of Appeals for the Seventh Circuit · 2009
  3. Delaney v. ReynoldsMassachusetts Appeals Court · 2005
  4. Janet S. Delana, Individually, and as the Wife of Decedent Tex C. Delana v. CED Sales, Inc. d/b/a Odessa Gun & Pawn, Charles Doleshal, and Derrick DadySupreme Court of Missouri · 2016
  5. Estate of Pemberton v. John's Sports Center, Inc.Court of Appeals of Kansas · 2006

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