Dead man's family sues friend for fatal shooting

[SecularMotion]

Aug. 22--PANAMA CITY -- The family of a man who was shot in the head with a shotgun by his best friend has filed a lawsuit claiming the incident could have been avoided, according to court documents.

Blaine Kendall, 29, called authorities to his 2605 Cypress St. home in January 2013 to report that he'd shot and killed his friend, 24-year-old Thomas Crawford, when he tripped over a shotgun while entering his residence. The physical evidence at the scene conflicted with several of Kendall's explanations. He later admitted he had been holding the weapon when it discharged once and struck Crawford in the head, and the case proceeded as an accidental death.

However, the entire incident could have been prevented by Kendall, according to a three-count lawsuit filed by Crawford's surviving relatives.

"... Kendall failed to take reasonable steps to prevent or remedy the unsecured nature of the loaded shotgun," the lawsuit states. "As a result of the unsafe conditions, (Crawford) suffered fatal injuries when he was shot and killed."

http://insurancenewsnet.com/oarticle/2014/08/22/dead-mans-family-sues-friend-for-fatal-shooting-a-546715.html

[IronGate]

1. Must be Friday morning google dump time. nt.

[blueridge3210]

2. Must be. nt

[enough]

3. Interesting that the news source is one that covers the insurance industry.

Insurance News Net.

snip from the article>

The Kendalls' home insurance company, Florida Farm Bureau, has filed suit against both families to prevent their company from having to cover a settlement. Florida Farm is asking to evoke its right to deny $100,000 liability coverage, because Kendall is not an insured party and the Cypress Street address is not an insured location under the policy.

end snip>

It will be interesting to see how the insurance companies deal with gun issues over time.

I still think we need criminal penalties for gun owners who allow their guns to cause accidental death and injury.

[blueridge3210]

4. Seems pretty clear cut.

I'm not an insurance specialist by any means but homeowners liability coverage was never intended to cover acts by non-residents away from the property. The policies are designed to cover incidents at the residence primarily and possible acts by the insured if off property (perhaps cutting down a dead tree on an adjoining lot).

Regarding criminal penalties, the devil is in the details. We would have to define "allow" and "cause". You shoot at a coke can and miss and the bullet goes downrange and causes injury/damage then you are liable. You loan your firearm to your non-prohibited relative who accidentally shoots someone on a hunting trip, maybe not depending on the circumstances.