A Missouri appeals court says a civil case can proceed against a gun shop visited by the lunatic who opened fire in the parking lot of Ward Parkway Center.
On April 24, 2007, David Logsdon used a stolen credit card to buy firearm magazines from the Bullet Hole in Overland Park. The card belonged to his neighbor, Patricia Reed, whom Logsdon is thought to have beaten to death before moving into her home.
Logsdon was driving Reed's car on April 29 when a Kansas City, Missouri, police officer, James Payton, attempted to stop him at Bannister Road convenience store. Logsdon and the officer struggled for the weapons Logsdon was carrying. Both men took bullets. Payton wrested two guns from Logsdon before he sped away.
Logsdon drove to the Ward Parkway shopping center. Using an M1 carbine, which had belonged to Reed's late husband, he fatally shot Leslie Noble Ballew of Kansas City and Luke A. Nilges of Shawnee before entering the mall, bleeding from his earlier wound.
Police Sergeant Michael Griggs, one of the first to arrive on the scene, killed Logsdon with two shotgun blasts. (Payton and Griggs later received medals of valor.)
The parents of Ballew and Nilges each sued Shawnee Gun Shop, the Bullet Hole's parent company, in Jackson County, alleging negligence. Last summer, Judge David M. Byrn dismissed the cases, citing a lack of jurisdiction over a Kansas company.
Today, however, the Missouri Court of Appeals in the Western District released a decision saying that Byrn erred.
The court decided that the Bullet Hole, which advertises its status as "Kansas City's largest shooting range," had a reasonable expectation that its alleged negligence could be felt in Missouri.
In its opinion, the appeals court cited other cases in which so-called long-arm jurisdictions have applied to situations in which drunk people have acted stupidly after crossing state lines.
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The above comments are moronic. These comments and reactionaries are why people are ALWAYS fighting about this issue. READ, people. This suit is not about gun control. The issue is that the Bullet Hole sold ammunition (which goes in a gun, by the way) to David Logsdon...an obvious MAN...with PATRICIA REED'S (clearly a woman's name) credit card. If this happened, then obviously the seller did not ask for ID. Now, I don't know what your politics are, but I don't think it's a liberal agenda that is interested in keeping guns and bullets out of the hands of morons and dangerous criminals. And any jackhole who will sell DAVID LOGSDON bullets with a card that reads PATRICIA REED without asking for ID is either a moron or a criminal.
Before you get yourselves all pissed off comparing this to people suing Toyota for a car accident, consider how you would feel if the DMV gave the driver in the accident a license when they failed the test...or weren't even the person who TOOK the test. Would the DMV be at fault then? I think so...
If only people read before they reacted...
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Where does this nonsense stop? Lets sue Toyota for selling Joe blow a car and him getting drunk and killing someone on the highway. Or maybe Wal-Mart for selling a piece of rope to some a-hole who strangles his neighbor with it. Seriously, our country is falling into the liberal abyss. Politicians need to come to the astounding conclusion that we as humans are responsible for our own deeds and misdeeds.
Great logic by Missouri's appelate court. Substitute 'rope', 'hammer', 'butcher knife', 'automobile' for the dreaded fiream magazine: the potential for legal mischief is endless. The plaintiffs and their attorney(s) should be cited for malicious abuse of process, and the seated judges should be removed from the bench for incompetence. Tort reform, anyone??!!
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