Get breaking news alerts via email

Click here to manage your alerts
Lawsuit in Binghamton shooting rampage dismissed
First Published Sep 25 2013 08:49 am • Last Updated Sep 25 2013 08:49 am

Binghamton, N.Y. » A federal judge has dismissed a $3.75 million lawsuit filed against sporting goods retailer Gander Mountain by the husband of a woman killed in a shooting rampage at a Binghamton civic organization four years ago.

Samir Muhammad Al-Salihi’s lawsuit filed in April 2011 alleged that the St. Paul, Minn.-based company’s employees were negligent in selling Jiverly Wong semi-automatic pistols and ammunition. Al-Salihi’s wife was among the 13 people who Wong killed at the American Civic Association in April 2009 before committing suicide.

Join the Discussion
Post a Comment

The lawsuit alleged that Wong exhibited signs of being mentally unstable while purchasing the firearms, and that Gander Mountain should have been on notice that he was likely to use the guns to harm himself or others.

U.S. District Judge Norman Mordue dismissed the complaint in a 30-page decision issued Friday, according to the Press & Sun-Bulletin of Binghamton.

"There is simply no evidence demonstrating that ... Gander Mountain knew or should have known that Wong posed an unreasonable risk of harm to himself or others," Mordue wrote.

According to court documents, Wong purchased two firearms at Gander Mountain’s former Johnson City store that were later found at the scene of his shooting rampage.

Arguments in the lawsuit hinged on evidence of Wong’s behavior in front of Gander Mountain employees. Four current and former workers were subjected to depositions, and Gander Mountain provided a videotape of Wong’s presence in the store.

Mordue drew heavily from the employees’ statements.

"He was a quiet man who frequently visited the store, was always by himself, and never caused trouble while on the premises," Mordue wrote.

Kelly Fischer, the Binghamton-based attorney representing Al-Salihi, could not immediately be reached for comment.

story continues below
story continues below

Al-Salihi’s lawsuit against Gander Mountain had been the sole civil lawsuit stemming from the shooting.

Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment

About Reader Comments

Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.