Noble v. Shawnee Gun Shop, Inc.
2013 Mo. App. LEXIS 844
| Mo. Ct. App. | 2013Background
- This is a consolidated Missouri action where two wrongful-death suits against Shawnee Gun Shop, Inc. d/b/a The Bullet Hole were dismissed for failure to state a claim.
- Plaintiffs allege the Gun Shop negligently sold ammunition and/or magazines to Logsdon, who later used them to shoot and kill two individuals in Kansas City, Missouri.
- Logsdon purchased the items with Patricia Reed’s stolen credit card; Reed was Logsdon’s neighbor and was found dead in her home.
- The circuit court dismissed the cases in 2009 for lack of personal jurisdiction; this court reversed and remanded to the circuit court.
- In 2012, after amended petitions, the Gun Shop moved to dismiss again and the circuit court dismissed with prejudice.
- The court analyzes the Protection of Lawful Commerce in Arms Act (PLCAA) and whether the negligent-entrustment exception applies, ultimately holding no viable Missouri-law claim against the Gun Shop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PLCAA preemption and exceptions viability | Appellants rely on negligent entrustment within PLCAA | Missouri-law claims not viable under the Act's exception | PLCAA preemption applies; no viable entrustment-based claim survives |
| Whether negligent entrustment under PLCAA applies here | Alleges Gun Shop knew of risk due to stolen-card purchase | Missouri does not recognize negligent entrustment for product sellers | Even if within the exception, no viable state-law negligent-entrustment claim exists |
| Viability of Missouri-law theory of negligent entrustment against a product seller | Should recognize negligent entrustment or a general negligence theory | Missouri law bars negligent entrustment against product sellers; no general negligence claim recognized | Missouri refuses to recognize negligent-entrustment against product sellers; no general-negligence alternative recognized |
Key Cases Cited
- Noble v. Shawnee Gun Shop, Inc., 816 S.W.3d 364 (Mo.App.W.D. 2010) (reversed dismissal for lack of personal jurisdiction; remand for proceedings)
- Alexander v. Sandoval, 532 U.S. 275 (2001) (statutory intent to create private rights/remedies governs private actions)
- Snodgras v. Martin & Bayley, Inc., 204 S.W.3d 638 (Mo. banc 2006) (dram-shop packaging distinction; no liability for packaged liquor sellers)
- Tharp v. Monsees, 327 S.W.2d 889 (Mo. banc 1959) (limits on liability in service-station context; proximate cause discussion)
- Childress v. Sams, 736 S.W.2d 48 (Mo. banc 1987) (dram-shop liability limitations for off-premises packaged alcohol)