Question
On June 25, 2020, SeamusO'Leary and Davy Danielsentered aWalmart store in Wisconsin. The store sold one of them (who paid is unclear), a box of
On June 25, 2020, SeamusO'Leary and Davy Danielsentered aWalmart store in Wisconsin. The store sold one of them (who paid is unclear), a box of .32 caliber bullets. At the time of the sale, both O'Leary and Daniels were under the age of 21 and the sale violated18 U.S.C. 922(b)(1),the federal Gun Control Act, which prohibits the sale of ammunition to persons under the age of 21. Wal-Mart did not request identification from either O'Leary or Daniels, and neither was asked his age.
About four hours after leaving Wal-Mart, O'Leary and Daniels loaded their handguns with the bullets from Walmart. Then, they entered an auto parts store to rob it. During the robbery, O'Leary shot and killed John Palamito.
Frank Palamito, the personal representative for John Palamito's estate, filed a negligence lawsuit against Walmart for the wrongful death of John.
Make a legal argument on behalf of the Palamito estate that demonstrates why Walmart should be liable for negligence for John Palamito's death.
Explain what Walmart's legal argument should be in order to avoid liability. In other words, make a legal argument on behalf of Wal-Mart that demonstrates why Walmart should not be liable to the Palamito estate for the tort of negligence.
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