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Article

24 Nov 2016

Author:
Michele Gorman, Newsweek (US)

USA: Court holds gun shop responsible in wrongful death lawsuit for selling gun to mentally ill woman who used it to kill her father

"Missouri gun shop agrees to pay $2.2 million to settle wrongful-death lawsuit", 22 Nov 2016

A Missouri firearms shop on Tuesday settled in a wrongful-death case, an outcome that the gun safety movement views as a precedent that will have national repercussions on gun dealer liability...Odessa Gun & Pawn has agreed to pay $2.2 million to settle a lawsuit that alleged it negligently sold a weapon to a mentally ill woman who used the gun to kill her father.  In her lawsuit, Janet Delana said the Odessa, Missouri, store “negligently sold or entrusted a gun” to her mentally ill adult daughter...The defense attorneys tried to have the case thrown out on the basis of the Protection of Lawful Commerce in Arms Act.  But in April, the state Supreme Court unanimously decided to allow the lawsuit to proceed, and it decided that a gun store could be held responsible for the fatal shooting...The 2005 federal shield law grants firearms companies broad immunity from legal actions for weapons used in crimes...“Today’s settlement sends the latest resounding message to gun dealers across the country that if they don’t clean up their act, they will be forced to pay the consequences when they choose to irresponsibly arm dangerous people with guns,”...