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Posted: 9/5/2001 6:05:56 PM EDT
[Last Edit: 9/5/2001 6:08:36 PM EDT by sharky30]
[url]http://www.wtop.com/news/news-story.jhtml?NewsId=182723[/url]
Kmart Is Sued for Wrongful Death By PATTY HENETZ Associated Press Writer SALT LAKE CITY Not long before his suicide, Ryan Eslinger appeared to be responding to treatment for paranoid schizophrenia. He told his mother he felt like he was waking from a coma. He told his father he loved him. But on May 23, the 19-year-old committed suicide with a shotgun he'd bought the previous day at Kmart. Eslinger's parents blame the store and they've sued the Troy, Mich.-based retailer for wrongful death saying their 17-year-old clerk should not have sold him the gun. During opening arguments Wednesday, Kmart attorney Rodney Parker told jurors Ryan Eslinger, though mentally ill, was responsible for his own deliberate act. But Sandra and Phil Eslinger allege Kmart violated federal gun laws when their sales clerk _ a high school acquaintance of Eslinger's _ sold him the shotgun without seeing proper identification. Eslinger used his passport that did not show his address, a requirement for gun-sale paperwork. The Eslingers also allege Kmart was negligent in its hiring and employee training. "This case comes down to corporate greed and irresponsibility in the sale of firearms," said James McKenna, the Eslingers' attorney. Parker said that it is natural to feel sympathy for the Eslingers' loss but the case is about personal responsibility and individual choices. "Kmart did not cause Ryan Eslinger to kill himself. This was a deliberate, intentional act," Parker said. "He was a very sick young man and he wanted to die." Eslinger was diagnosis with paranoid schizophrenia in 1995 and declared legally mentally defective. He was involuntary committed in 1996 after cutting his throat in a suicide attempt. But on the gun application form, he denied he had ever been hospitalized for mental illness or adjudicated mentally defective. A day after buying the weapon, Sandra Eslinger went out of town and her son returned to Kmart, where security manager Dan Willoughby assembled the shotgun for him. That night, Eslinger killed himself. "If she didn't see any danger signs, I don't know how (the Eslingers) expected Kmart to see danger signs," Parker said.
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Link Posted: 9/5/2001 6:15:38 PM EDT
I recently heard that KMART recieves a lawsuit every 10 minutes. We NEED frivolous lawsuit reform in the US NOW !!!!!! Seems like there are just too many lawyers, and not enough work for them....
Link Posted: 9/5/2001 6:21:48 PM EDT
I think I heard in England in civil lawsuits, the loser must pay ALL court costs. It would not be a bad start.
Link Posted: 9/6/2001 2:17:41 AM EDT
I'm sorry he felt the need to end his life by firearm. Should have jumped off a cliff instead. He took one good functioning firearm out of the market.
Link Posted: 9/6/2001 2:25:49 AM EDT
Some need to be shot for wrongful sueing. After having to pay all court (and burial) costs. [:D]
Link Posted: 9/6/2001 2:53:18 AM EDT
What AC_Doctor said!
Link Posted: 9/6/2001 3:14:56 AM EDT
Originally Posted By AC_Doctor: I recently heard that KMART recieves a lawsuit every 10 minutes. We NEED frivolous lawsuit reform in the US NOW !!!!!! Seems like there are just too many lawyers, and not enough work for them....
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Ya, guess these guys couldn't make it on the tobacco bandwagon.
Link Posted: 9/6/2001 2:36:25 PM EDT
"17-year-old clerk " It's been a long time since I had a FFL, but doesn't the clerk selling a firearm have to be 18?
Link Posted: 9/6/2001 2:50:03 PM EDT
I thought the same thing
Link Posted: 9/6/2001 8:27:08 PM EDT
here's my take, based on the article and discussions I had in the forum I found this at, I didn't have time to post last night as I was in a hurry k-mart is not responsible for the death, that's the personal responsibility of the guy who pulled the trigger. but it looks like k-mart broke the law when they sold it, and if so, they should be punished for it.
But Sandra and Phil Eslinger allege Kmart violated federal gun laws when their sales clerk _ a high school acquaintance of Eslinger's _ sold him the shotgun without seeing proper identification. Eslinger used his passport that did not show his address, a requirement for gun-sale paperwork. The Eslingers also allege Kmart was negligent in its hiring and employee training.
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if this part is true k-mart broke the law
He was involuntary committed in 1996 after cutting his throat in a suicide attempt.
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isn't it illegal to for committed people to buy a gun, shouldn't NICS have caught that?
Link Posted: 9/6/2001 8:32:37 PM EDT
He was 14 when he was committed.
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