Legal Opinion
Brown v. Wal-Mart Stores, Inc.
District Court, W.D. Tennessee
Decided June 9, 1997No. 96-2897-DPublishedCited by 11 opinions
1Opinion of the Court
ORDER DENYING SUMMARY JUDGMENT
DONALD, District Judge.
Defendant Wal-Mart Stores, Inc., has moved for summary judgment, arguing under Rule 56(c) that it cannot be held hable for selling bullets to an 18-year-old who shot and killed Plaintiffs son with those same bullets. Plaintiff, the duly appointed administratrix of the deceased’s estate, has sued under common law negligence and under a negligence per se theory based on the charge that a Wal-Mart employee sold the ammunition in violation of a provision of the 1968 Gun Control Act, 18 U.S.C. § 922(b) (1994).
Defendant argues the sale was not…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Bradshaw v. DanielTennessee Supreme Court · 1993
- James Boyd and Elizabeth Boyd v. Ford Motor Company Rouge Steel Company the Motor Vessel Ms. Henry Ford IICourt of Appeals for the Sixth Circuit · 1991
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- West v. East Tennessee Pioneer Oil Co.Tennessee Supreme Court · 2005
- Wal-Mart Stores, Inc. v. Tamez, Texas Court of Appeals, 13th District1998
- Midgette v. Wal-Mart Stores, Inc.District Court, E.D. Pennsylvania · 2004
- Davis v. Komatsu America Industries Corp.District Court, W.D. Tennessee · 1999
- Appalachian Resources Development Corp. v. McCabeCourt of Appeals for the Sixth Circuit · 2004
6 more not listed; retrieve them via the Exa API.