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Case of the Month - May 2016

Gun Shop Negligently Sells Handgun

Norberg v. Badger Guns

Case Type:
Negligence-Other

Specific Liability:
Gun shop and employees negligently sold handgun that was later used to injure two police officers

General Injury:
Gunshot wounds; medical expenses; wage loss

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Verdict form: 2015 WL 10488402
Stipulation and order for dismissal: 2015 WL 10488409

Case Name:
Bryan Norberg and Graham Kunisch, plaintiffs, City of Milwaukee, involuntary plaintiff v. Badger Guns Inc., Badger Outdoors Inc., Adam J. Allan, Walter J. Allan, Milton E. Beatovic, Julius C. Burton, Jason B. Collins, and West Bend Mutual Insurance Company

Docket/File Number:
2010-CV-020655

Result Amount:
Plaintiffs, $1,660,000; The parties reached a post-verdict settlement in the amount of $1,000,000

Result Date:
October 13, 2015

Judge:
John J. DiMotto

Attorneys:
Plaintiffs: Patrick O. Dunphy, Cannon & Dunphy, S.C., Brookfield, WI; Brett A. Eckstein, Cannon & Dunphy S.C., Brookfield, WI
Defendants (Badger Guns Inc., and Allan): James B. Vogts, Swanson, Martin & Bell L.L.P., Chicago, IL
Defendants (Badger Outdoors Inc., Walter Allan, and Beatovic): Wendy Gunderson, Smith Gunderson & Rowen S.C., Brookfield, WI
Defendant (Beatovic): Mary E. Nelson, Crivello Carlson, S.C., MIlwaukee, WI
Defendants (Badger Gubs Inc, and Badger Outdoors Inc.): Mark J. Mingo, Mingo & Yankala S.C., Milwaukee, WI
Defendant (West Bend Mutual Insurance Company): Heidi L. Vogt, von Briesen & Roper S.C., Milwaukee, WI

Result Type:
Jury Trial followed by post-verdict settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiffs, $1,660,000; The parties reached a post-verdict settlement in the amount of $1,000,000

$105,764.72 to plaintiff Bryan Norberg from defendant Badger Guns Inc. for past heath care expenses (answered by court)
$415,000.00 to plaintiff Bryan Norberg from defendant Badger Guns Inc. for future health care expenses
$48,920.87 to plaintiff Bryan Norberg from defendant Badger Guns Inc. for past wage loss/earning capacity (answered by court)
$490,000.00 to plaintiff Bryan Norberg from defendant Badger Guns Inc. for past pain, suffering and disability
$400,000.00 to plaintiff Bryan Norberg from defendant Badger Guns Inc. for future pain, suffering and disability
$348,347.14 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for past health care expenses (answered by court)
$550,000.00 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for future health care expenses
$49,676.96 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for past wage loss/earning capacity (answered by court)
$930,000.00 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for future loss of earning capacity
$725,000.00 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for past pain, suffering and disability
$975,000.00 to plaintiff Graham Kunisch from defendant Badger Guns Inc. for future pain, suffering and disability
$730,000.00 to plaintiffs from defendant Badger Guns Inc. for punitive damages

Summary of Facts:
City of Milwaukee police officers Bryan Norberg and Graham Kunisch received gunshot wounds by Julius Burton, while they were trying to detain Burton. The handgun used by Burton was purchased for him by Jacob Collins from Badger Guns Inc. Collins allegedly indicated in the purchase form that he was buying the gun for another individual. Badger Guns reportedly conspired with Collins to change the answer on the form to falsely claim he was buying the gun for himself.

Norberg and Kunisch filed a lawsuit against Badger Guns Inc., Badger Outdoors Inc., Adam Allan, Walter Allan, Milton Beatovic, Julius Burton, Jason Collins, and West Bend Mutual Insurance Company. The plaintiffs alleged Badger Guns had a history of selling guns that were used to commit crimes and sold more than one crime gun a day. They also contended the defendants knew or should have known that Collins was an admitted user of unlawful drugs, which would make it unlawful for him to purchase a firearm. It was also contended that it was reasonably foreseeable that the gun would result in Collins' unreasonable use and/or trafficking of the weapon. The plaintiffs sought compensation for their bodily injuries, medical expenses, lost wages and impairment of future earning capacity, pain and suffering, disability, and loss of enjoyment of life.

A jury determined badger Guns made the sell knowing Collins made a false entry, Badger Guns knowingly made a false entry, Badger Guns had a reasonable belief that Collins was disqualified from receiving the firearm, Badger Guns was not aware Burton was the actual purchaser of the gun, Badger Guns failed to reverify Collins' identification, Badger Guns negligently entrusted the firearm to Collins, and found in favor of the defendants on the conspiracy claim. The plaintiffs were awarded damages in the total amount of $1,660,000.

The parties reached a post-verdict settlement in the amount of $1,000,000.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2015 WL 10527523