The Missouri Supreme Court ruled Tuesday that a woman can sue an Odessa gun shop for selling the gun her mentally ill daughter used to kill the woman’s husband.
A judge in Lafayette County previously had sided with Odessa Gun & Pawn in dismissing the lawsuit filed by Janet Delana.
But on Tuesday, while upholding part of the judge’s ruling, the Supreme Court said Delana is not precluded from pursuing a claim of “negligent entrustment” under Missouri law.
Delana filed suit after the store sold a handgun to her daughter in June 2012 after Delana had called the store and begged them not to do so because of her daughter’s mental illness.
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The gun then was used to kill Delana’s husband, Tex Delana, at their home in Wellington.
Delana’s daughter was charged with murder but was found not guilty by reason of her mental condition.