Trolley Square victim sues over sale of gun

Survivor holds shop and employee liable in his '07 wounding

Published: Friday, May 2 2008 12:16 a.m. MDT

A Trolley Square shooting survivor is suing the pawnshop and employee who police say sold Sulejman Talovic the shotgun he used in the 2007 massacre.

Stacy Hanson filed the suit Thursday against Rocky Mountain Enterprises, a Nevada company that owns and operates Sportsman's FastCash in West Valley City, and pawnshop employee Westley Wayne Hill. The suit also names Hanson's wife, Colleen, as a plaintiff.

On Nov. 13, 2006, when he sold the pistol-grip shotgun to Talovic, Hill "should have known that Talovic was likely to use the pistol-grip shotgun in a manner involving unreasonable risk of physical injury to others," according to the lawsuit filed in 3rd District Court. "The pistol-grip shotgun serves no reasonable purpose other than for military, law enforcement or criminal activities, one reason why its sale is prohibited, for safety reasons, to persons under the age of 21."

The lawsuit says Hill failed to obtain two forms of identification from Talovic, then 18.

The Hansons' suit is similar to one filed earlier this year by Carolyn Tuft, whose daughter was shot and killed at Trolley Square. Tuft's lawsuit charges, "Hill knew or should have known that Talovic was a resident alien, originally from war-torn Bosnia where he was exposed to violence and killing."

An attorney for Hill and Rocky Mountain Enterprises declined to comment on the Hansons' suit Thursday.

"We don't really have any comment at this time," said Darin Goff of Stirba & Associates. "We haven't been able to review that complaint."

According to police, Talovic used the shotgun from Sportsman's and a handgun purchased on the street to kill five people and injure four others at Trolley Square on Feb. 12, 2007.

Hanson, who was shopping inside Cabin Fever, was shot in the lower abdomen and arm with the shotgun, according to the lawsuit. After leaving the store and exchanging gun fire with Ogden police officer Ken Hammond, Talovic returned to Cabin Fever and shot Hanson once more, in the back, the suit states.

Hanson suffered permanent paralysis and severe pain and suffering, the lawsuit states. The Hansons are seeking damages for negligence, loss of consortium and claims of public nuisance.

Hill struck a plea deal with federal officials last year for failing to maintain firearm records. In December, he was sentenced to one year probation.


E-mail: afalk@desnews.com

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