Kitchen v. K-Mart Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the risk of danger was sufficient to create a duty on the part of a firearm retailer to third parties not to sell a firearm to a customer the retailer knew was intoxicated
• noting that the court would not expand liability when the legislature has acted to restrict it
• “[A] statute will not displace the common law unless the legislature expressly indicates an intention to do so.”
• “Under our rules of statutory construction, a statute will not displace the common law unless the legislature expressly indicates an intention to do so.”

Source: CourtListener parenthetical corpus (CC0).