12-year-old Darius Tucker and his 14-year-old half-brother found three semi-automatic handguns belonging to their mother's boyfriend in her apartment in Newburg, Kentucky. The guns had been placed, loaded and unlocked, behind a lip on top of a 6-foot-tall entertainment center. The boys took the guns, two .25-caliber and one 9mm, down and each took a gun and began playing with them. Darius pointed his gun at his brother and pulled the trigger. Nothing happened. Tragically, when the older brother aimed his gun at Darius the gun fired. Darius died of a single gunshot wound to the chest.
Darius' parents have filed suit against John O'Bryan and O'Bryan's homeowner insurance carrier, State Farm General Insurance Co. The lawsuit claims O'Bryan "improperly, carelessly and negligently stored his firearms and ammunition" and that he "created a dangerous condition by failing to follow safety precautions and warnings about storing weapons and ammunition in homes where children live."
Darius' mother, who still lives with O'Bryan, said she meant to file suit only against State Farm. But, as her attorney pointed out, O'Bryan has to be named because he is the insured person, but that State Farm would be responsible for paying damages.