JOHNSON v. WAL-MART STORES, INC.

No. 08-4226.

588 F.3d 439 (2009)

Mark D. JOHNSON, individually and as Administrator of the Estate of Candace M. Johnson, deceased, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 1, 2009.


Attorney(s) appearing for the Case

Ralph D. Davis (argued), Peoria, IL, for Plaintiff-Appellant.

James P. Balog, Michael Resis (argued), Smithamundsen, LLC, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, FLAUM, and EVANS, Circuit Judges.


FLAUM, Circuit Judge.

Plaintiff-appellant Mark Johnson sued defendant-appellee Wal-Mart Stores, Inc. ("Wal-Mart") on a negligence theory for selling bullets to his wife, Candace Johnson, without asking her to present the identification card required by Illinois law. The woman did not have said card at the time of purchase. She subsequently used the bullets to commit suicide. At the district court, Wal-Mart prevailed on a Fed. R.Civ.P. 12(b)(6) motion by arguing that...

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