UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ TRESSA SHERROD; JOHN CRAWFORD, JR.; JHC, IV AND │ JC, minors, JOHN CRAWFORD, JR. as guardian and next │ friend of JHC, IV and JC, │ Plaintiffs-Appellants, > No. 21-3428 │ │ v. │ │ WAL-MART STORES, INC.; WAL-MART STORES EAST, │ LP; WAL-MART STORE #2124, │ Defendants-Appellees. │ ┘

Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 3:14-cv-00454—Walter H. Rice, District Judge.

Argued: January 16, 2024

Decided and Filed: May 29, 2024

Before: McKEAGUE, READLER, and DAVIS, Circuit Judges. _________________

COUNSEL ARGUED: Warren N. Sams, III, THE SAMS LAW FIRM, Atlanta, Georgia, for Appellants. D. Patrick Kasson, REMINGER CO., L.P.A., Columbus, Ohio, for Appellees. 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. D. Patrick Kasson, REMINGER CO., L.P.A., Columbus, Ohio, for Appellees. No. 21-3428 Sherrod, et al. v. Wal-Mart Stores, Inc., et al. Page 2

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OPINION _________________

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.

I.

The record reveals an unfortunate and, ultimately, tragic chain of events. While visiting Wal-Mart’s sporting goods department, John H. Crawford, III picked up an unpackaged Crosman MK-177 pellet gun. He then carried the pellet gun—which resembles an AR-15 assault rifle—around the store. Alarmed at the sight, a fellow customer phoned 911 to report that someone was loading and waving a weapon in the building.

Responding officers Sean Williams and David Darkow arrived at the scene. Observing Crawford with the pellet gun, Darkow commanded him to drop the weapon and get on the ground. Williams believed that Crawford was carrying a genuine assault rifle, which he was about to fire. So Williams fatally shot Crawford within seconds of Darkow’s command.

Tressa Sherrod, executrix of Crawford’s estate, along with members of Crawford’s family, filed suit against Wal-Mart, asserting negligence, premises liability, survivorship, loss of consortium, and wrongful death. Plaintiffs asserted that Wal-Mart was at fault because the pellet gun’s missing packaging