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Mom sues Wal-Mart over daughter's suicide

Engineer

Engineer

Elite Member
Click me!

Do other gun selling establishments have to look into the medical and psychological history of their patrons or is it simply a CRIMINAL background check?

Just blame it on Wal-Mart, they are the root cause of all evil.

Blah!
 
She could have killed herself as well by ODing on her own perscription. Would they sue the pharmacy then? The pharmacy would have an idea of her mental condition from the script. Would that make them liable. If it would, could a pharmacy ever sell medication again?
 
i think public b!tchslapping should be the recouse for having your frivilous lawsuit thrown out of court
 
The article I read on this clearly states that Walmart did nothing wrong and followed the law to a T. I hope they don't settle.

Walmart's such an amusing entity tho'. First they get sued for having bad words in a CD, but yet they sell guns. Then they are suind so they can build another Super Walmart in Florida. And now they're being sued because these guns they sell, and sold following the law, were used by a mentally unstable person.
 
Originally posted by: Engineer
Click me!

Do other gun selling establishments have to look into the medical and psychological history of their patrons or is it simply a CRIMINAL background check?

Just blame it on Wal-Mart, they are the root cause of all evil.

Blah!
Click to expand...

Of course this will be tossed out of court but the chances are that CNN won't cover that part. Walmart can't nor should they have to check pharmacy records to sell anything.

These people are hurting,and with no where to get their pound of flesh they try and take it out on Wally World. It won't fly,a judge will toss it in piliminary.

 
Dismissed!

But, yes this is a major hole in the background check/gun purchase problem. People who are nuts are probably more of a danger than the criminals, yet we can do nothing about this issue it appears.

How would you guys limit firearms' sales to paranoid schizophrenics? Or, would you NOT do it?

Interesting and difficult problem, eh?

-Robert
 
From the OP link:

Texas does not submit mental health records because state law deems them confidential, said Paul Mascot, an attorney with the Texas Department of State Health Services. Other states have not computerized their record-keeping systems or do not store them in a central location for use by the FBI.

Federal law prohibits stores from selling guns to people who, like Stewart, have a history of serious mental illness.

Would-be buyers must fill out a form that asks about mental health. On Stewart's form, a box that asked whether she had been involuntarily committed to an institution or declared dangerously mentally ill by a judge was incorrectly marked no. (Her mother's attorneys question whether Stewart filled out the form herself or a clerk did it for her.) Wal-Mart ran a background check anyway, as required by federal law.
Click to expand...

Crux of the problem, differing state and federal laws on firearm purchases over personal privacy questions and varying record keeping requirements. Until that is sorted out people with mental health problems will be able to buy guns.

I think the suit is just a gut reaction from a mother whose daughter just commmitted suicide. If it helps make gun purchases more difficult for people with mental health problems, good.

Maybe purchasing firearms and ammo should be regulated at least as well as getting a driver's license.

 
Originally posted by: BBond
From the OP link:

Texas does not submit mental health records because state law deems them confidential, said Paul Mascot, an attorney with the Texas Department of State Health Services. Other states have not computerized their record-keeping systems or do not store them in a central location for use by the FBI.

Federal law prohibits stores from selling guns to people who, like Stewart, have a history of serious mental illness.

Would-be buyers must fill out a form that asks about mental health. On Stewart's form, a box that asked whether she had been involuntarily committed to an institution or declared dangerously mentally ill by a judge was incorrectly marked no. (Her mother's attorneys question whether Stewart filled out the form herself or a clerk did it for her.) Wal-Mart ran a background check anyway, as required by federal law.
Click to expand...

Crux of the problem, differing state and federal laws on firearm purchases over personal privacy questions and varying record keeping requirements. Until that is sorted out people with mental health problems will be able to buy guns.

I think the suit is just a gut reaction from a mother whose daughter just commmitted suicide. If it helps make gun purchases more difficult for people with mental health problems, good.

Maybe purchasing firearms and ammo should be regulated at least as well as getting a driver's license.
Click to expand...

When I got my driver's license I merely had to prove that I had been born and I was who I claimed to be.

 
Man, beautiful woman too. I kinda see the parents view though. If you have a shoplifter typically when caught the other stores in the chain are usually made abreast of the situation. You would think after her incident in Walmart, another Walmart that close should have known about this person. Don't know if they are responsible for her death, sounds like she was going to kill herself anyway, but it would seem that Walmart is somewhat responsilbe for neglect. If this happened at a store 50 miles away I could see the frivilous nature to this suit, but this happened 7 miles away. If I walk into a Walmart and try to pass off fake money, you can bet you sweet tooshy that a another Walmart that close would be made aware of me. That 25 million is ridiculous though. I don't see this as total Walmart failure, but I think they do share some of the responsibility of this girl's death. Reminds of a police officer I know. He stopped and arrested a friend of mine for DUI. The kicker was he didn't fail a breath test. So after a couple of hours the police station let him go after giving him a ticket for careless driving. Well he ran into a pole on the way home and killed himself. Was he drunk, no. But they knew he had been drinking.
 
Oh, and if anybody thought I was for the lady, heh.....she can stick the suit up her @ss.

Interesting things in background checks....

A person I know, on SSI because he has bi-polar disorder and can't do anything (BS - Just ask Jane Pauley). Get's FEMA money for damage to house he stays in (free rent from his dad). What does he do? Uses it to buy a gun. So - Bi-polar - gets government check (doesn't deserve it) - gets FEMA money for damage (doesn't deserve it) - buys gun with no trouble?

Something is seriously wrong with that picture, don't you think?

Oh, and on the woman suing Wal-Mart, I hope the judge sticks the documents up her @ss.
 
Originally posted by: PatboyX
dumb. personal responsibility.
Click to expand...

no way Jose !

every american has the right to hold some one else liable for every dumb thing they do... that's the way the founders of this great nation intended it....

no one said you're not s'posed to dry your cat in the microwave.... or that the hot coffee at McD is HAWT!!
 
wally will have to raise prices if she wins, I wonder how it will affect wally's sales to make up for the lawsuits. low prices is good, the only reason I shop there exclusively.

 
Originally posted by: wchou
wally will have to raise prices if she wins, I wonder how it will affect wally's sales to make up for the lawsuits. low prices is good, the only reason I shop there exclusively.
Click to expand...

Wal-Mart has sales of nearly 750,000,000 per day. Although I think the lawsuit is completely unfounded (and dumbass to boot), I don't think that it alone would lead too higher prices. But, add all the other junk suits in there, and we all pay the price. I think that these suits should require the losing party to pay something. Might cut down on this horseshit. America is suit happy!!!

Don't know if it's true or not, but I once read that Japan has 5 engnineers per lawyer and that the US has 5 lawyers per engineer....things that make you go hmmmmmm?!?!



 
I think this suit has some merit. Gun sellers have very serious responsibilities, being a big corporation that can't keep track of all of it's dealings with people isn't a valid excuse.

The facts sound like the same company that sells her anti-psychotic medicine also sells her a gun ? There's no excuse for that.


 
Originally posted by: Tom
I think this suit has some merit. Gun sellers have very serious responsibilities, being a big corporation that can't keep track of all of it's dealings with people isn't a valid excuse.

The facts sound like the same company that sells her anti-psychotic medicine also sells her a gun ? There's no excuse for that.
Click to expand...

IF Wal-Mart followed the law on selling the gun, then I don't think they should be responsible. If they didn't follow the law, then possibly.

Curious...anyone know if a Government agency clears gun sales on the background checks?

 
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