Negligence Case Study

A police officer, Colin Allcars (Allcars), is suing Harry’s Ammo World (HAW) for his medical expenses, personal injuries, pain and suffering. HAW sold a rifle to Dakota D. West without checking West’s background for felonies or drug use. Federal law prevents the sale of firearms to anyone with a felony or to anyone that uses illegal drugs. Dakota had been convicted of a felony and was also a user of marijuana. Two months after the sale Dakota’s brother took the rifle and took hostages. When the police were trying to subdue and arrest Dakota’s brother he shot and wounded Colin AllCars. Allcars is suing HAW on the grounds of negligence.

In order to prove a negligence case the plaintiff must prove four things: (1) duty - that the defendant owed

State, which argues that “if a plaintiff 's injury is caused by the intervening act of a third-party, the defendant 's actions cannot be viewed as the proximate cause of that injury.” In this case the Montana State Hospital found Victor Buddell was a danger to himself and others but was released anyways. A few months later Buddell murdered David R. King, the son of the plaintiffs. The court contended that “the Kings could not establish proximate cause against the State, as the Kings’ injury was clearly caused by the act of Buddell.” Likewise, Allcar’s injuries are clearly caused by Dakota’s brother’s decision to shoot the rifle, not HAW’s negligence is selling the weapon to another

In Finocchio v. Mahler, the defendant, William Mahler, kept a handgun and ammunition inside his bedroom. Another individual, Daniel Troy, entered into the home despite William Mahler’s instruction and desire to not let Troy into his home. Troy found the ammunition and later the handgun on multiple trips to the home. Troy then recklessly discharged the weapon, fatally wounding Amy Roberts. In arguing for the trial court’s decision to favor the defendant the appellate court stated