Legal Opinion
James Hetherton and Carol Hetherton, His Wife v. Sears, Roebuck & Company, a New York Corporation
Court of Appeals for the Third Circuit
Decided February 16, 1979No. 78-1471PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
In this appeal we are asked to decide whether a retail store can be held liable under Delaware law when the ammunition it sold was used to injure an innocent person in an attempted murder and robbery.
We conclude that the district court was in error in granting a summary judgment for the defendant and therefore we will reverse the judgment.
I
On February 25,1976, Lloyd Fullman, Jr. purchased from Sears, Roebuck and Co. (Sears) a .22 caliber rifle and rifle cartridges. Six weeks later, in an attempted robbery of a Wilmington restaurant,…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Huddleston v. United StatesSupreme Court of the United States · 1974
- Chudnofsky v. EdwardsSupreme Court of Delaware · 1965
- Franco v. BunyardSupreme Court of Arkansas · 1977
- Farrow v. HoffeckerSuperior Court of Delaware · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hulsman v. Hemmeter Development Corp.Hawaii Supreme Court · 1982
- Rubin v. JohnsonIndiana Court of Appeals · 1990
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- K-Mart Enterprises of Fla., Inc. v. KellerDistrict Court of Appeal of Florida · 1983
- Knoedler v. Roxbury TownshipDistrict Court, D. New Jersey · 1980
18 more not listed; retrieve them via the Exa API.