Post by Logan on Apr 25, 2017 0:43:44 GMT -6
Ind. Supreme Court dismisses wounded officer's claims against gun shop
The Indiana Supreme Court ruled Monday that a wounded Indianapolis Metropolitan Police Department officer cannot sue an area sporting goods shop for damages stemming from an injury involving a weapon it sold.
In an opinion filed Monday afternoon, the court dismissed Dwayne Runnels' 2013 lawsuit claiming damages against KS&E Sports, an Indianapolis-based sporting goods store, and the store's owner, Edward J. Ellis. Runnels alleged the store sold a handgun to an individual who resold it to another man who used it to injure him months later. He also claimed the shop was a public nuisance.
Gun shops are provided widespread immunity under a section of the Indiana Code that states a person cannot bring a suit against a gun or ammunition manufacturer, trade association or seller for damages resulting from criminal use of the gun by a third party.
In its opinion, the court dismisses Runnels' damage claims using that statute, but upheld his claim of public nuisance. In Indiana, plaintiffs may request an action to abate or enjoin a public nuisance if their property is negatively affected or the nuisance affects their enjoyment of life or property.
Read more: www.indystar.com/story/news/crime/2017/04/24/ind-supreme-court-dismisses-wounded-officers-claims-against-gun-shop/100861128/
The Indiana Supreme Court ruled Monday that a wounded Indianapolis Metropolitan Police Department officer cannot sue an area sporting goods shop for damages stemming from an injury involving a weapon it sold.
In an opinion filed Monday afternoon, the court dismissed Dwayne Runnels' 2013 lawsuit claiming damages against KS&E Sports, an Indianapolis-based sporting goods store, and the store's owner, Edward J. Ellis. Runnels alleged the store sold a handgun to an individual who resold it to another man who used it to injure him months later. He also claimed the shop was a public nuisance.
Gun shops are provided widespread immunity under a section of the Indiana Code that states a person cannot bring a suit against a gun or ammunition manufacturer, trade association or seller for damages resulting from criminal use of the gun by a third party.
In its opinion, the court dismisses Runnels' damage claims using that statute, but upheld his claim of public nuisance. In Indiana, plaintiffs may request an action to abate or enjoin a public nuisance if their property is negatively affected or the nuisance affects their enjoyment of life or property.
Read more: www.indystar.com/story/news/crime/2017/04/24/ind-supreme-court-dismisses-wounded-officers-claims-against-gun-shop/100861128/