DELANA v. CED SALES, INC.

No. SC 95013.

486 S.W.3d 316 (2016)

Janet S. DELANA, individually, and as the Wife of Decedent Tex C. Delana, Appellant, v. CED SALES, INC., d/b/a Odessa Gun & Pawn, Charles Doleshal, and Derrick Dady, Respondents.

Supreme Court of Missouri, en banc.

Rehearing Denied May 24, 2016.


Attorney(s) appearing for the Case

Delana was represented by Jonathan E. Lowy and Alla Lefkowitz of the Brady Center to Prevent Gun Violence in Washington, D.C., (202) 370-8105; L. Annette Griggs and David L. McCollum of McCollum & Griggs LLC in North Kansas City, (816) 474-0202; and Jane Francis of the Law Office of Jane Francis LLC in Kansas City, (816) 436-3100.

The pawn shop, its owner and its manager were represented by Derek H. Mackay and David R. Buchanan of Brown & James PC in Kansas City, (816) 472-0800; Patrick A. Bousquet of Brown & James PC in St. Louis, (314) 421-3400; and Kevin L. Jamison of Kevin L. Jamison Law in Gladsone, (816) 455-2669.

The United States of America, which intervened in the case, was represented by Charles M. Thomas of the United States attorney's office in Kansas City.

A number of organizations filed briefs as friends of the Court. The National Coalition Against Domestic Violence, The National Domestic Violence Hotline, The National Indigenous Women's Resource Center and the National Latina@ Network: Casa de Esperanza were represented by Daniel L. Allen of Bautista Allen LLC in Kansas City, (816) 221-0382. The Major City Chiefs Association was represented by David R. Borantz of Shamberg, Johnson & Bergman CHTD in Kansas City, (816) 474-0004; and Thomas H. Zellerbach and Alexis Yee-Garcia of Orrick, Herrington & Sutcliffe LLP in Menlo Park, California, (650) 614-7400. The National Shooting Sports Foundation Inc. was represented by Peter B. Hoffman of Baker Sterchi Cowden & Rice LLC in St. Louis, (314) 231-2925; and Craig A. Livingston and Crystal L. Van Der Putten of the Livingston Law Firm PC in Walnut Creek, California, (925) 952-9880.


Janet Delana (Appellant) filed suit against CED Sales Inc. d/b/a Odessa Gun & Pawn, Charles Doleshal, Brett Doleshal,1 and Derrick Dady (Respondents) alleging claims for negligence, negligent entrustment, and negligence per se.2 Appellant alleged that Respondents...

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