BOSTON, Mass. (AP) - A federal appeals court has upheld a ruling dismissing a lawsuit filed by a Massachusetts woman whose son was killed during a botched robbery at a New Hampshire Army surplus store.
The 1st U.S. Circuit Court of Appeals found that the owner of the gun used in the July 2007 shooting at the Army Barracks store in Conway, N.H. was not negligent.
Michael Woodbury killed three men with a gun stolen from his grandfather, Lawrence Secord.
Jones claimed Secord's failure to properly secure his gun allowed Woodbury to steal the weapon.
The court ruled that Gail Jones had not shown that Secord was liable.
The appeals court said the New Hampshire Supreme Court has recognized that people generally cannot be held liable for the criminal acts of third parties.
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