On Jan. 5, 2005, plaintiff’s decedent, Dwayne Chamberlain, 69, was shot and killed inside his Hollidaysburg home by Thomas Drass, the couple’s grandson. Earlier that day, Drass had purchased the 12-gauge shotgun and ammunition he used at retail chain Dunham’s Sports in the Park Hills Plaza shopping center.Claiming wrongful death, Chamberlain’s estate sued Dunham’s Sports, Waterford, Mich., alleging negligence. Plaintiff’s counsel contended that because Drass was visibly under the influence of drugs (he admitted to being on methamphetamines) and was functionally illiterate and thus unable to fill out a federal firearms form, Dunham’s sale of the gun to Drass violated federal firearms laws and as well as the store’s own policies.The defense contended that Drass displayed no odd behaviors and completely filled out the form by himself, thereby making the sale compliant with firearms laws.Dwayne Chamberlain was pronounced dead at the scene.
Kathryn Chamberlain, the decedent’s wife, along with the couple’s two adult sons, sought damages for pain and suffering damages and loss of companionship damages.
The parties settled for $300,000. The money will go to Kathryn Chamberlain and the couple’s sons, with a portion of the settlement to be dispensed in monthly payments through an annuity.