Shirley, as Mother and Next Friend of Zeus Graham v. Glass

Kansas statutes prohibited the sale of guns to certain convicted felons. Russell Graham was a felon with a criminal history that included attempted rape. In addition to knowing about Graham’s convictions, Graham’s grandmother, Imogene Glass (defendant), knew that Graham was violent toward Elizabeth Shirley (plaintiff), the mother of his son Zeus. One day, Graham contacted Glass, suggesting that they purchase a gun to enable Graham’s sons, Zeus and Alexander, to go dove hunting. Glass agreed and took Graham to Baxter Springs Gun and Pawn Shop (the pawnshop) (defendant), owned by Joe and Patsy George (defendants). When Glass and Graham arrived at the pawnshop, Russell admitted that he had a felony conviction. Therefore, Glass filled out various portions of the form used in purchasing a shotgun, and her background check was successful. Russell then paid for the gun and the ammunition and left the store carrying the gun. That same day, Russell shot and killed Zeus and himself. Shirley filed suit against Glass, the pawnshop, and its owners but later withdrew her claims against Glass. Shirley sued the pawnshop and the owners for negligent entrustment for selling a gun to Glass, knowing that the gun was for Graham and not doing a background check on him. The pawnshop and the owners moved for summary judgment. In her response, Shirley included the concept of negligence per se with her claim of negligent entrustment. Shirley cited Kansas laws prohibiting the distribution of guns to felons and other regulations passed to minimize the possibility of felons acquiring guns to establish a duty of care. Shirley argued that the highest degree of care was applicable to the pawnshop and the owners. The district court granted summary judgment on all negligence claims and disagreed that the highest degree of care was applicable to the pawnshop and the owners. An appellate court reversed in part, holding that Shirley had established a claim for negligent entrustment but affirming the district court’s holding regarding the standard of care. Shirley appealed.