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SOPER v. WAL-MART STORES, INC.

No. 3:95-0238.

923 F.Supp. 1032 (1996)

Kenneth SOPER v. WAL-MART STORES, INC., et al.

United States District Court, M.D. Tennessee, Nashville Division.

April 23, 1996.

Attorney(s) appearing for the Case

Brad W. Hornsby, Bullock, Fly & McFarlin, Murfreesboro, TN, for Plaintiff.

Robert Edmond Parker, Richard K. Smith, Garrett E. Asher, Parker, Lawrence, Cantrell & Dean, Nashville, TN, for Defendant Wal-Mart Stores, Inc.

Michael Ernest Evans, Evans & Todd, Nashville, TN, for Defendant Orkin Exterminating Company.

MEMORANDUM

HIGGINS, District Judge.

The plaintiff, Kenneth Soper, originally filed this action in the Rutherford County Circuit Court against the defendant Wal-Mart Stores, Inc., alleging that Wal-Mart had been negligent in the maintenance of an automatic bug spraying device that was mounted on a pipe in an aisle at its store in Smyrna, Tennessee. This device emitted a spray that entered the plaintiff's eyes as he was walking down an aisle at this...

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