Cullum v. McCool

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Jan McCool attempted to get medication at a Wal-mart Super Center, but Wal-Mart employees refused to fill McCool's medical prescriptions because they believed she was intoxicated. McCool became belligerent when her prescriptions were not filled, and the pharmacy employees ordered her out of the store. McCool's vehicle subsequently struck Jolyn Cullum in the Wal-Mart parking lot. Cullum, who had gone to Wal-Mart to shop for groceries, sued Wal-Mart for negligence. The trial judge granted Wal-Mart's motion to dismiss, concluding that Wal-Mart did not have a legal duty to control McCool after she left the store. The court of appeals reversed, concluding that Wal-Mart owed Cullum a duty of care to protect her from McCool. The Supreme Court affirmed, holding that the trial court erred by granting the motion to dismiss because (1) the foreseeability of harm and the gravity of harm to Cullum outweighed the burden placed on Wal-Mart to protect Cullum against that harm; and (2) therefore, Cullum's complaint contained sufficient allegations which, taken as true, established that Wal-Mart owed a duty of care to Cullum. Remanded. View "Cullum v. McCool" on Justia Law