Legal Opinion
Spencer v. Wal-Mart Stores, Inc.
Court of Appeals for the Tenth Circuit
Decided October 31, 2006No. 05-5157PublishedCited by 2 opinions
1Opinion of the Court
ORDER AND JUDGMENT *
CARLOS F. LUCERO, Circuit Judge.
Plaintiff Julie Spencer was struck by a vehicle while walking through an Oklahoma Wal-Mart parking lot. Following the incident, she and her husband, Chris Spencer, individually and as next friends for their minor children, brought a negligence claim against Wal-Mart. They argue Wal-Mart breached its duty to protect Ms. Spencer from the criminal act of a third party occurring on its property. Concluding Wal-Mart owed no duty to Spencers under Oklahoma law because, on its fact-finding, Wal-Mart did not “know or have reason to know that a…
2Cases cited26 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Minter v. Prime Equipment Co.Court of Appeals for the Tenth Circuit · 2006
- Jim L. Woolsey v. Marion Laboratories, Inc. Marion Laboratories, Inc., Profit Sharing PlanCourt of Appeals for the Tenth Circuit · 1991
- Johnnie L. Evans v. McDonald Corporation, a Delaware Corporation McDonald of Claremore, a Defunct Oklahoma Corporation David McMahanCourt of Appeals for the Tenth Circuit · 1991
- Thompson v. Presbyterian Hospital, Inc.Supreme Court of Oklahoma · 1982
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3Cited by2 opinions
- Burge v. Wal-Mart Stores EastCourt of Appeals for the Tenth Circuit · 2021
- Claro v. Sulphur, City ofDistrict Court, E.D. Oklahoma · 2019