Fleet Farm store exterior in Grand Chute, November 18, 2022. PC: Fox 11 Online
WAUPACA, WI (WTAQ-WLUK) – An appeals court Thursday upheld a decision dismissing the lawsuit filed by the family of a man who died by suicide after taking guns from his employer.
In December, 2020, Ryan Ames stole a handgun and ammunition from the Fleet Farm he worked at before returning home and shooting himself with the gun. Bruce and Bambi Ames say that while Ryan was employed at Fleet Farm, he was given “unfettered, unsupervised, and unmonitored access to firearms and ammunition.”
In the Waupaca County lawsuit, the family claimed that the Midwest retailer negligently caused the death of their son by not properly securing or monitoring the guns. Fleet Farm argued the store knew nothing of Ames’ plans, and couldn’t be held responsible for the gun theft or subsequent acts.
A judge dismissed the suit, then the parents appealed.
In the three-page decision, the appeals court ruled the law was applied correctly by the circuit, and it didn’t have the authority to overturn.
“The Ameses concede that Bogust and McMahon are the controlling law in Wisconsin, and they do not meaningfully dispute that the case law as it currently exists precludes their wrongful death action against Fleet Farm. However, they argue that the decision in Bogust is outdated and should be revisited, and that the “special relationship” exception that we rejected in McMahon should be adopted and applied in this case. Only the supreme court may overrule precedent established by the supreme court or a published decision of this court. We are bound by the law as set forth in Bogust and McMahon, which requires that we affirm the order dismissing the Ameses’ wrongful death action,” the court ruled.
The decision could be appealed to the Wisconsin Supreme Court.
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