Negligence, private right of action.

Margaret Main, a representative for the estate of a man who was killed in an alcohol-related auto crash, files a wrongful death suit against the driver and an Office Depot store. A clerk at the store unknowingly photocopied a doctored driver's license for Joe Kolniak, an under-aged youth. Kolniak used the fraudulent document to purchase beer from area retailers. On the night of Dec. 10, 1993, Kolniak was driving a vehicle that struck a concrete pole, killing David Yamas, a passenger in the car. Kolniak was found to be intoxicated at the time of the accident and later was sentenced to 15 years in prison for DUI homicide. Margaret Main filed a wrongful death lawsuit against Office Depot charging the company with negligence. Main argued that the employee violated a store policy against photo copying certain legal documents including driver's licenses. Office Depot responded with a motion for summary judgment.

This is the first judicial review of this case.

Main loses. The U.S. District Court for the Southern District of Mississippi granted defendant's motion for summary judgment. The court ruled that Office Depot had not directly caused the death of David Yamas. The court dismissed the case with prejudice.