Vesely v. Armslist LLC, No. 13-3505 (7th Cir. 2014)Annotate this Case
Jitka Vesel was shot with a handgun that was illegally purchased by Demetry Smirnov who found the weapon available for purchase on Armslist.com, a website that facilitates the sale of guns between private owners. Plaintiff filed suit on behalf of Jitka, alleging that Armslist's negligence in facilitating the sale proximately caused Jitka's death. The court concluded that plaintiff failed to allege any cognizable negligence claim for which Armslist could be held responsible for Smirnov's acts where no special relationship exists between the parties nor has one been alleged in the complaint; the district court did not err in denying plaintiff's motion to reconsider; the district court did not abuse its discretion in denying plaintiff leave to amend; and, therefore, the court affirmed the district court's dismissal of the complaint for failure to state a claim.