Williams v. Wal-Mart Stores East, L.P.
Annotate this CaseTwenty-year-old Xavier Zurndell Moore pled guilty to manslaughter for the shooting death of his mother's live-in boyfriend, Robert Williams. The fatal bullet had been purchased from the Walmart in Indianola, Mississippi. Robert's daughter and his estate filed a wrongful-death suit against Walmart, alleging that it unlawfully had sold ammunition to the underage Moore and that the sale proximately had caused Robert's death. The trial court granted summary judgment for Walmart based on this Court's decision in "Robinson v. Howard Brothers of Jackson, Mississippi," (372 So. 2d 1074 (Miss. 1979)). In that case, the Supreme Court held that, even though the store had violated federal law by selling a firearm and ammunition to a minor, the minor's subsequent murder of a third party had not been foreseeable; the seller, therefore, was not civilly liable for the death. Based on "Robinson," the Court found that Moore's criminal act was not foreseeable and that Walmart reasonably could assume that Moore would follow the law. Therefore, the Court affirmed the grant of summary judgment in favor of Walmart.
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