Cowart v. Kmart Corp.

OPINION

Opinion By

Justice ROSENBERG (Assigned).

Billy Cowart and Julie Elaine Cowart, individually and as representatives of the Estate of Richard Glenn Cowart, Deceased (collectively, the Cowarts), sued Kmart Corporation (Kmart) for negligently selling ammunition to Manuel Carrasco and James Gabriel that another person, Leonard Bell, used to shoot and kill Richard Cowart. To defeat the Cowarts’ negligence action, Kmart filed a motion for summary judgment, alleging that the shooting incident was not foreseeable. The trial court granted Kmart’s motion. In one point of error, the Cowarts appeal…