Missouri Court of Appeals, Southern District / Sep 21, 2021
DEBORAH ELKINS, RUSSELL HAMPTON, and SYDNEY CROSBY as next friend of O.H., a minor, Appellants vs. ACADEMY I, LP, JOHN DOE, and NYADIA BURDEN, Respondents
Appellants, the family of a man killed by Luis Perez, sued Academy I, LP, a gun store, and its employee John Doe, alleging negligent entrustment and negligence per se for selling ammunition to Perez. The circuit court dismissed the claims. The appellate court affirmed the dismissal, holding that Appellants failed to allege facts showing Academy knew or should have known of Perez's incompetence or intent to harm for the negligent entrustment claim. The court further held that federal criminal statutes could not serve as the basis for a negligence per se claim in state court due to the express preclusion of private rights of action by the Protection of Lawful Commerce in Arms Act (PLCAA).