ROBERTS v. WAL-MART STORES, INC.

No. A07A0862.

651 S.E.2d 464 (2007)

ROBERTS v. WAL-MART STORES, INC.

Court of Appeals of Georgia.

August 22, 2007.


Attorney(s) appearing for the Case

Carr, Chason & FitzGerald, John Kennedy FitzGerald, Atlanta, for Appellant.

McLain & Merritt, Howard M. Lessinger, Albert J. Decusati, Dawn Marie Rivera, Atlanta, for Appellee.


ANDREWS, Presiding Judge.

This case is before us on Tina Roberts' claim for damages after her four-year-old son Austin, took a BB gun from the shelf at Wal-Mart and shot his six-year-old brother Erik in the head. The trial court granted Wal-Mart's motion for summary judgment, and Roberts now appeals. For reasons that follow, we affirm.

Summary judgment is proper when the evidence, construed in the nonmovant's favor, shows no issue of material fact remains...

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