CINCINNATI (AP) – An appeals court has revived a wrongful death claim against Walmart by the family of a Black man who was fatally shot by a white police officer inside an Ohio store after picking up a pellet rifle from a shelf.

John Crawford III was shot at the Beavercreek store in 2014 after someone called 911.

A judge dismissed his family’s wrongful death claim, but a three-judge panel of the Sixth Circuit U.S. Court of Appeals reversed that this week.

The family’s attorney says they can proceed toward trial on that and their other claims against the retailer.

Walmart has denied that its actions caused Crawford’s death.