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MOSS v. CROSMAN CORP.

No. 96-3494.

136 F.3d 1169 (1998)

Dolores MOSS and Larry Moss, Plaintiffs-Appellants, v. CROSMAN CORP. and Kmart Corp., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1998.

Attorney(s) appearing for the Case

Frank E. Tolbert, Miller, Tolbert, Muehlhausen, Muehlhausen & Groff, Logansport, IN, Edmond W. Foley (argued), South Bend, IN, Hugo A. Bamberth, LaPorte, IN, for Plaintiffs-Appellants.

Steven E. Danekas, Stephanie B. Miller, Wildman, Harrold, Allen & Dixon, Chicago, IL, Timothy J. Abeska (argued), Roemer & Mintz, South Bend, IN, for Defendants-Appellees.

Before CUMMINGS, DIANE P. WOOD, and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Dangerous objects and children do not mix well, and when a child wields a particularly dangerous object like a gun, tragic consequences are predictable. Sadly, the predictable occurred when seven-year-old Joshua Moss and his cousin Tim Arnett were playing with a Crosman 760 Pumpmaster BB gun that Josh's father had just purchased for him. When it was Tim's turn to use the gun, Josh hid behind a tree that was about 15 feet in front of Tim...

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