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JORDAN v. BRITTON

128 A.D.2d 315 (1987)

Freddie L. Jordan, as Administratrix of The Estate of Ronald C. Davis, Deceased, Appellant, v. Robert L. Britton et al., Individually and Doing Business as 7-11 Food Store No. 11273, Defendants, and Southland Corporation et al., Respondents. (Appeal No. 1.) Freddie L. Jordan, as Administratrix of The Estate of Ronald C. Davis, Deceased, Appellant, v. Robert L. Britton et al., Defendants, and Bonnie L. Britton, Individually and Doing Business as 7-11 Food Store No. 11273, Respondent. (Appeal No. 2.) Freddie L. Jordan, as Administratrix of The Estate of Ronald C. Davis, Deceased, Respondent, v. Robert L. Britton, Appellant, et al., Defendants. (Appeal No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 22, 1987

Attorney(s) appearing for the Case

Pratcher & Megna (Timothy Andreasen of counsel), for appellants in Appeals Nos. 1 and 2, and for respondent in Appeal No. 3.

Noonan, Mahoney & Yunker (Donald Mahoney of counsel), for appellant in Appeal No. 3.

Canale, Madden & Burke, P. C. (Michael Perley of counsel), for respondent in Appeal No. 1.

O'Shea, Reynolds, Napier, Quinn & Cummings (Kenneth Kirby of counsel), for respondent in Appeal No. 2.

CALLAHAN, J. P., DENMAN, BOOMER and PINE, JJ., concur.

LAWTON, J.

On June 30, 1981, plaintiff's son, Ronald Davis, died of a gunshot wound inflicted the day before by defendant Robert Britton. Allegedly, Davis was shoplifting items from a 7-Eleven store in which Robert Britton was an employee. After Britton questioned Davis about items placed under his shirt, Davis fled the store. Britton gave chase. When a scuffle ensued between Davis and Britton, Britton pulled...

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