Legal Opinion

Oser v. Wal-Mart Stores, Inc.

District Court, S.D. Texas

Decided September 19, 1996No. Civil Action H-95-501PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ATLAS, District Judge.

This is a products liability action, based on theories of strict liability and negligence, brought by Plaintiff Eileen Oser (“Plaintiff’). Defendant Wal-Mart Stores, Inc. (“Defen dant” or “Wal-Mart”) has filed a Motion for Summary Judgment [Doe. # 37] (“Motion”). The Court has considered the Motion and its supporting exhibits, Plaintiff’s Response, all other matters of record in this case, and the relevant authorities. For the reasons stated below, the Motion is now DENIED.

I. FACTUAL BACKGROUND

On August 18, 1993, Plaintiff Eileen Oser purchased, among…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
  3. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  4. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  5. Forsyth v. BarrCourt of Appeals for the Fifth Circuit · 1994

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3Cited by4 opinions

  1. In Re Air Bag Products Liability LitigationDistrict Court, E.D. Louisiana · 1998
  2. Hayles v. General Motors Corp.District Court, S.D. Texas · 1999
  3. McQuivey v. Fulmer Helmets, Inc.Court of Appeals of Utah · 2014
  4. Nobles v. Sofamor, S.N.C.District Court, S.D. Texas · 1999

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