Delana v. CED Sales, Inc.Annotate this Case
Appellant filed suit alleging that Respondents - Odessa Gun & Pawn, Charles Doleshal, and Derrick Dady - negligently sold or entrusted a gun to Appellant’s mentally ill daughter, who used the gun to kill Appellant’s husband. Appellant alleged claims for negligence, negligent entrustment, and negligence per se. The circuit court entered summary judgment in favor of Respondents, concluding (1) Appellant’s negligence claim was preempted by the Protection of Lawful Commerce in Arms Act (PLCAA), (2) Appellant’s negligent entrustment claim failed to state a claim, and (3) Appellant’s individual claims against Doleshal and Dady were moot. The Supreme Court reversed the judgment to the extent it precluded Appellant from proceeding with her negligent entrustment claim but otherwise affirmed, holding that the trial court (1) did not err by entering judgment for Respondents on Appellant’s negligence claim, as the PLCAA is constitutional and preempts Appellant’s negligence claim; (2) erred in granting judgment in favor of Respondents on Appellant’s claim for negligent entrustment, as this claim is not preempted by the PLCAA and is recognized by Missouri law; and (3) erred in granting summary judgment on Appellant’s individual claims for negligent entrustment, as these claims are viable. Remanded.