TRESSA SHERROD; JOHN CRAWFORD, JR.; JHC, IV AND JC, minors, JOHN CRAWFORD, JR. as guardian and next friend of JHC, IV and JC v. WAL-MART STORES, INC.; WAL-MART STORES EAST, LP; WAL-MART STORE #2124 - Articles

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TRESSA SHERROD; JOHN CRAWFORD, JR.; JHC, IV AND JC, minors, JOHN CRAWFORD, JR. as guardian and next friend of JHC, IV and JC v. WAL-MART STORES, INC.; WAL-MART STORES EAST, LP; WAL-MART STORE #2124

Posted by: Karen Belcher on May 29, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Warren N. Sams, III, THE SAMS LAW FIRM, Atlanta, Georgia, for Appellants.

Attorneys 2: ARGUED: D. Patrick Kasson, REMINGER CO., L.P.A., Columbus, Ohio, for Appellees.

Attorneys 3: ON BRIEF: Warren N. Sams, III, THE SAMS LAW FIRM, Atlanta, Georgia, Michael L. Wright, WRIGHT & SCHULTE, LLC, Dayton, Ohio, Samuel L. Starks, THE COCHRAN FIRM ATLANTA, Atlanta, Georgia, for Appellants.

Attorneys 4: ON BRIEF: D. Patrick Kasson, REMINGER CO., L.P.A., Columbus, Ohio, for Appellees.

Judge(s): McKEAGUE, READLER, and DAVIS, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Dayton

CHAD A. READLER, Circuit Judge. Police officers shot and killed John H. Crawford, III inside an Ohio Wal-Mart store. The incident prompted Crawford’s estate to sue the retailer under several theories, including wrongful death. The district court granted Wal-Mart summary judgment on the wrongful death count, but denied the company summary judgment as to the others. The district court then certified its dismissal of the wrongful death cause of action for immediate appellate review under Rule 54(b) of the Federal Rules of Civil Procedure. Concluding that certification was improper, we dismiss the appeal for lack of jurisdiction.

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