Shooting victim sues man, his father

March 24, 2006|By LAURA CADIZ | LAURA CADIZ,SUN REPORTER

A Dayton woman who was accidentally shot in the chest by one of her friends is suing the friend and his father for $2 million each.

Katie L. Weyer, 18, and her parents are seeking damages from Benjamin Mark Allen, 19, who was convicted of reckless endangerment in connection with the shooting and was sentenced in June to 11 weeks in jail and 3,000 hours of community service.

The suit also names Mark Allen, who owns the .22-caliber revolver his son used to shoot Weyer.

According to the lawsuit filed in Howard County Circuit Court on March 15, Weyer was a guest at the Allens' Woodbine home in July 2004 when she saw Benjamin Allen holding a handgun and cautioned him about playing with guns.

Allen then pointed the gun - which he thought was unloaded - at Weyer and then "in what he intended to be a playful act," fired the handgun, according to the suit.

One bullet struck Weyer in the chest, causing her a number of injuries, including: paralysis of her right diaphragm, permanent vocal cord damage, massive blood loss and a subclavian vein blood clot, according to the suit. Weyer endured a number of medical procedures, including an open cardiac massage and blood transfusions, according to the suit.

The lawsuit claims Allen's father was negligent by giving his son the combination to the locked safe where the fully loaded and cocked gun was stored. According to the suit, Allen's father should have known that his son "lacked maturity, sound judgment ... in the proper use and handling of handguns ."

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