Martinez Ex Rel. Martinez v. Avila

OPINION

CARMODY, Chief Justice.

This is an appeal by the plaintiff from the judgment entered based upon a jury verdict in favor of the defendant. Suit was brought by Selez Martinez, as next friend of Frank Martinez, against David Avila, doing business as West Side Drug Store, for damages resulting from the claimed negligent sale of a box of .22-caliber cartridges to Frank Martinez. Young Martinez, who was twelve at the time, and another minor, Johnny Lucero, after obtaining the shells, took turns firing a .22-cali-ber pistol, then got in a fight over the possession of the gun and Martinez was…