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Tuesday, April 06, 2010

Families of Ward Parkway victims sue


From Tony Rizzo: Lawsuits stemming from the 2007 fatal shootings at the Ward Parkway Shopping Center were reinstated Tuesday by the Missouri Court of Appeals.

The suits, filed by the parents of Luke Nilges and Leslie Noble Ballew, allege that The Bullet Hole in Johnson County negligently sold ammunition magazines to David Logsdon, who made the purchase with a stolen credit card.

(Briefs in the case can be found here and here.)

After fatally shooting Nilges and Ballew, Logsdon was killed by a Kansas City police officer.

A Jackson County judge dismissed the legal action, ruling that a Missouri court did not have jurisdiction over the conduct of the business in Kansas.

But the appeals court ruled Tuesday that because The Bullet Hole is in close proximity to Missouri, and does business with and actively advertises with Missouri residents, its actions can be considered by a Missouri court.

The appeals court noted that Tuesday’s ruling pertained only to jurisdiction and not to the merits of the underlying lawsuits.


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