Bar Fight Leads to Shooting Death
On August 20, 2017, Thomas Orr, III was at the Californos Bar in Kansas City’s Westport Entertainment District, which had a reputation for violence. While Mr. Orr was there, a fight broke out in the bar. Despite the bar’s heightened security, whose job it was to make sure no guns got into the bar, multiple people produced firearms during the fight. Shots were fired, and Mr. Orr, an off-duty police officer and bystander, was hit by a stray bullet that came from the gun of Sean Steward.
Mr. Orr’s gunshot injuries proved to be fatal.
Wrongful Death Case Includes a Civil Claim of Battery
Mr. Orr’s father, Thomas Orr, Jr., has hired the personal injury lawyers at the Smith Law Office to file a wrongful death lawsuit on behalf of his son. While Mr. Orr Jr.’s lawsuit also includes a claim of negligent security against Californos for failing to protect its patrons, it is centered on a claim of battery against Mr. Steward for firing the shot that killed his son.
Civil Lawsuits for Battery in Missouri
In Missouri, a battery is an intentional, offensive physical contact with another person. If the victim of a battery gets hurt by the contact, they can file a personal injury lawsuit to get compensation for their losses from the battery.
Batteries span a wide spectrum. On the one hand, they can be as minor as a literal slap on the wrist. On the other hand, they can be severe. In the case of Thomas Orr, III, the intentional physical contact that he suffered at the hands of Mr. Steward was fatal.
How an Intent to Hurt One Person Can Transfer
Batteries involve physical contact that was intentional. In the case of Mr. Steward’s gunshot, though, Mr. Orr was not the intended target – Mr. Steward was aiming at someone else, but missed.
However, the law in Missouri includes the idea of transferred intent. This notion holds a person liable for the injuries caused by their battery, even if the battery happened to someone other than the person they wanted to hurt. It effectively transfers the intent that they had from their intended target to their unintended victim, and is the basis for Mr. Orr Jr.’s claim against Mr. Steward.
St. Joseph Personal Injury Attorneys at the Smith Law Office
No parent ever wants to be filing a wrongful death claim on behalf of their child. Doing so, however, can help to defray the costs of the medical and funeral expenses that can cripple a grieving parent. The attorneys at the Smith Law Office take this responsibility very seriously and strive to help parents get the justice they need and deserve. Call their St. Joseph office at (816) 875-9373 or contact them online for the legal representation you need.