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GAFFIELD v. WAL-MART STORES EAST, LP

No. 5:05-CV-936 (FJS/GHL).

616 F.Supp.2d 329 (2009)

Brenda GAFFIELD, Individually and as Mother and Natural Guardian of Kaylyn L. Gaffield, an infant over the age of 14 years, Plaintiff, v. WAL-MART STORES EAST, LP, Defendant. Wal-Mart Stores East, LP, Third-Party Plaintiff, v. Shen Zhen Bo an Bike Co., Ltd., Third-Party Defendant.

United States District Court, N.D. New York.

March 31, 2009.

Attorney(s) appearing for the Case

Lynn Law Firm, LLP, Thomas F. Shannon, Esq., of Counsel, Syracuse, NY, for Plaintiff.

O'Connor, O'Connor, Bresee & First, P.C., Michael P. Cavanagh, Esq., of Counsel, Albany, NY, for Defendant/Third Party Plaintiff.

Smith, Sovik, Kendrick & Sugnet, P.C., James W. Cunningham, Esq., Gabrielle M. Hope, Esq., of Counsel, Syracuse, NY, for Third-Party Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. BACKGROUND

On August 22, 2003, Plaintiff purchased a Huffy bicycle for her child, who was injured riding the bicycle that day. On August 23, 2003, Plaintiff's family returned the bicycle to Defendant/Third-Party Plaintiff Wal-Mart Stores East, LP, ("Wal-Mart") and reported the accident, which caused Wal-Mart to open a claim, put an evidence tag on the bicycle, and retain custody of...

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