Missouri Court of Appeals, Western District / Date unavailable
Jody Hendrick, Et Al. vs. Academy I, LP, D/B/A Academy Sports + Outdoors, Et Al.
Jody and Jessica Hendrick appealed the dismissal of their negligence and loss of consortium action against Academy Sports + Outdoors and an employee. The Hendricks alleged negligence after a firearm and ammunition were stolen from the store and used to shoot Jody Hendrick. The trial court dismissed the case based on the federal Protection of Lawful Commerce in Arms Act (PLCAA). The appellate court affirmed, holding that the PLCAA bars general negligence claims resulting from the criminal misuse of firearms, regardless of whether a sale occurred, and that the trial court did not abuse its discretion in denying leave to amend the petition to allege negligent entrustment, as the facts did not support that exception.