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July 17, 2013

Appeals court: Shawnee ammunition seller not liable

An appeals court on Tuesday upheld an earlier ruling that said the seller of ammunition was not liable in killings at the Ward Parkway Shopping Center in 2007.

A Missouri appeals court agreed Tuesday that a Kansas gun store that sold ammunition and ammunition magazines to the Ward Parkway Shopping Center shooter was protected from lawsuits.

The court upheld rulings by a Jackson County judge who threw out suits filed by the families of Luke Nilges and Leslie Noble Ballew, who died April 29, 2007, when David W. Logsdon went on a shooting spree.

The families argued that Shawnee Gun Shop Inc. negligently sold the material to Logsdon.

The families had argued that the store could be legally liable much in the way bar owners can be held to account when a patron becomes intoxicated and then injures someone.

In these cases, however, the products could be used with no oversight by the gun shop, the court ruled.

“Our independent research has not discovered a single Missouri case in which liability was imposed on the retail seller of a non-defective lawful product, for injuries resulting from the misuse of that product away from the seller’s establishment,” the court found.

A police officer killed Logsdon at the mall.

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