Bernethy v. Walt Failor's, Inc.

Appellant, personal representative of the estate of Phoebe Fleming, commenced this wrongful death action against respondents, owners of a gun shop, for the benefit of decedent's three minor children. The trial court granted respondents' motion for summary judgment and entered an order dismissing the action. Appellant appealed to the Court of Appeals and that court certified the follow ing question to us:

Did the trial court err in granting respondents' motion for summary judgment dismissing this wrongful death action, brought on the theory that respondents had negligently furnished a firearm…