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BROWN v. WAL-MART STORES, INC.

No. 96-2897-D.

976 F.Supp. 729 (1997)

Claire Smith BROWN, as Administratrix of the Estate of Jonathan Lee Stone, Deceased, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, W.D. Tennessee, Western Division.

June 9, 1997.

Attorney(s) appearing for the Case

James F. Schaeffer, Sr., Schaeffer Law Firm, Eads, TN, for Plaintiff.

William I. Luckett, Jr., Rossie Luckett Parker and Laughlin, Memphis, TN, for Defendant.

ORDER DENYING SUMMARY JUDGMENT

DONALD, District Judge.

Defendant Wal-Mart Stores, Inc., has moved for summary judgment, arguing under Rule 56(c) that it cannot be held liable for selling bullets to an 18-year-old who shot and killed Plaintiff's son with those same bullets. Plaintiff, the duly appointed administratrix of the deceased's estate, has sued under common law negligence and under a negligence per se theory based on the charge that a Wal-Mart employee...

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