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Estate of Kim ex rel. Alexander v. Coxe

Alaska Supreme Court

295 P.3d 380 (2013)

Facts

Jason Coday entered a firearms store that was owned and operated by Ray Coxe (defendant). Coday looked at a used rifle that was priced at $195. According to Coxe, Coday said he would think about the purchase and appeared to be leaving. Coxe then went to a different part of the store. Later, a store employee noticed that the rifle was missing and that $200 in cash had been left on the counter. Coxe claimed that he drove around looking for Coday but could not find him. Coxe then reported to the local police department that the rifle had been stolen. Two days later, Coday used the rifle to kill Simone Kim. Kim’s estate (plaintiff) sued Coxe, alleging that Coxe had wrongfully caused Kim’s death by either (1) selling the rifle to Coday in an illegal manner or (2) negligently allowing Coday to steal the rifle. Coxe moved for summary judgment on the ground that the claims were preempted by the Protection of Lawful Commerce in Arms Act (PLCAA). The trial court granted judgment for Coxe and dismissed the lawsuit. The estate appealed.

Rule of Law

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Issue

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Holding and Reasoning (Winfree, J.)

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