DAYTON, Ohio (WDTN) — The family of a man shot and killed by police are returning to court of appeals for a new decision for the lawsuit against Walmart.

John Crawford III was killed at the Beavercreek Walmart nearly 10 years ago in 2014. The family is headed back to the court of appeals to restart the appeal process of the lawsuit against Walmart, according to the family’s attorney, Michael Wright.

A Beavercreek police officer shot and killed Crawford inside the Beavercreek Walmart after someone called 911 claiming someone had a rifle inside the store. When officers arrived at the scene, they shot and killed Crawford. Crawford was carrying a pellet gun he found at the store. 

In November 2022, the Associated Press reported the court had revived the wrongful death claim for the family against Walmart.

Court documents show a judge who participated in a previous ruling by the court of appeals had Walmart stock at the time of that decision. 

The judge did happen to notify the court as soon as they became aware of that fact earlier this year. A new panel ruled the appeal can continue.  

2 NEWS reached out to Walmart for comment and referred us back to statements made in previous court documents.

A new court date has not yet been set.