Johnson v. Wal-Mart Stores, Inc.

FLAUM, Circuit Judge.

Plaintiff-appellant Mark Johnson sued defendant-appellee Wal-Mart Stores, Inc. (“Wal-Mart”) on a negligence theory for selling bullets to his wife, Candace Johnson, without asking her to present the identification card required by Illinois law. The woman did not have said card at the time of purchase. She subsequently used the bullets to commit suicide. At the district court, Wal-Mart prevailed on a Fed.R.Civ.P. 12(b)(6) motion by arguing that the Illinois “suicide rule” broke the causal chain between a negligent act and the resultant harm. Johnson now appeals the…