Wrongful Death Family Loses Missouri Negligent Entrustment Claim in Gun Case

A wrongful death family may feel like the answer is obvious when a felon kills someone with a gun. But in civil court, obvious suspicion is not always enough. In Sehorn v. Mitchell, No. WD88462 (Mo. Ct. App. W.D. May 26, 2026), the Missouri Court of Appeals affirmed summary judgment against a mother who argued that a father negligently entrusted firearms to his convicted-felon son before the son killed her daughter.

For the family, this was a bad appellate result. The Western District held that the negligent-entrustment claim failed because the record did not show what gun was actually used, where it came from, or that the father had entrusted that specific weapon or ammunition to the shooter.

What Happened Before the Killing

According to the opinion, Richard Mitchell knew his son Levi was a convicted felon who had served five years in prison. In January 2021, Richard received two rifle kits that were delivered to his house. He directed Levi to pick them up and bring them to another house where Richard was also staying at the time. The opinion says the kits were unassembled, missing parts, and, if completed, would have produced larger-caliber rifles.

Roughly a year later, Sara Beth Maloney was killed by a gunshot wound to the head in the house where Levi lived. Levi later pleaded guilty to voluntary manslaughter, admitting that he knowingly caused her death by shooting her. But the weapon used to kill Maloney was never identified or found. Investigators recovered only a spent bullet fragment that could not be matched, and officers noted the wound appeared to come from a smaller-caliber firearm.

Why the Family Sued Richard Mitchell

The wrongful death case included a battery claim against Levi and a negligent-entrustment claim against Richard. The theory against Richard was that he entrusted firearms and ammunition to a son he knew was legally barred from possessing them, and that this negligent entrustment helped cause Maloney’s death.

To support that claim, the family pointed to the rifle kits, evidence that Levi had been seen with firearms, and allegations that Richard and Levi had been investigated for manufacturing guns. The problem, as the Court of Appeals saw it, was that this proof did not close the factual gaps that mattered most.

Why the Missouri Court of Appeals Affirmed

The Western District explained that negligent entrustment requires proof of more than a general claim that someone supplied guns to an incompetent person. The plaintiff had to show what specific chattel was entrusted, that the defendant had superior control over it, and that the item entrusted was the one that concurred in causing the death.

Here, the court said the summary-judgment record never established what firearm or ammunition killed Maloney, how Levi obtained it, or that Richard had supplied that particular weapon or ammunition. The court also rejected some of the family’s proof as inadmissible hearsay and found the remaining facts insufficient to create a genuine issue for trial. Because those missing links went to core elements of negligent entrustment, summary judgment for Richard was affirmed.

Why This Case Matters for Wrongful Death Claims

This case is a reminder that a wrongful death claim against someone other than the shooter can rise or fall on causation details that are easy to underestimate. Suspicion, background facts, and evidence of general access to firearms may not be enough if the plaintiff cannot tie a particular weapon or transfer to the killing itself.

For families after a fatal shooting or other violent death, Henderson Law Firm’s Wrongful Death page explains how experienced counsel can evaluate every viable theory of liability, preserve proof early, and build the factual record needed to pursue the full measure of damages.

Takeaway

The practical lesson from Sehorn v. Mitchell is that this was a bad result for the wrongful death family because the court found too many missing links between the father and the gun used in the killing. In cases involving negligent entrustment, plaintiffs need concrete admissible evidence showing what was supplied, who controlled it, and how it caused the death. After a fatal injury, an experienced wrongful death lawyer can help identify the strongest claims early and work to secure the proof before those links are lost.