By Melinda J. Overstreet
Glasgow Daily Times
GLASGOW, Ky. — A Glasgow Police Department officer is suing a Glasgow store and its owners after he suffered a hand injury when a gun he was handling accidentally discharged.
Darrell Smith asked March 26 to look at a Sig Sauer Copperhead .380-caliber handgun that was in a display case at Barren Outdoors on Scottsville Road, and his lawsuit alleges that an employee handed the gun to Smith without performing safety checks.
“While Mr. Smith was looking at the firearm, believing it to be unloaded, the gun discharged causing serious physical injury to (Smith),” says the lawsuit, which was filed Friday in Barren Circuit Court.
The suit names as defendants Barren Outdoors and TBL Inc., the corporation doing business as Barren Outdoors; Todd Logsdon, Janie Logsdon and Bill C. Logsdon, all of whom are listed as “an employee and/or co-owner of TBL Inc. and/or Barren Outdoors"; and “an unknown Defendant,” because “an unknown person may have also negligently caused a loaded weapon to be placed into the display case at Barren Outdoors.”
As a result of the defendants’ alleged negligence, “the Plaintiff has suffered irreparable harm and damages,” including past, present and future physical and mental pain and anguish; past, present and future medical expenses; and lost income and future loss of earning capacity.
The lawsuit claims Smith was “exercising reasonable care and due diligence for his own physical well-being” during the time described in the document. The suit says the corporation, the business and the Logsdons are vicariously liable for the acts and/or omissions of their employees.
Reached by telephone Monday, Todd Logsdon said he didn’t receive a copy of the lawsuit until Saturday.
“I’m not going to make any comments until I’ve had legal advice and see what they want to put out there,” he said. “We’re trying to gather legal advice right now.”
Bill and Janie Logsdon are married, and Todd Logsdon is their son, Todd Logsdon said. Those three and Lisa Logsdon, Todd Logsdon’s wife, are co-owners of the business, he said.
Bowling Green-based attorney Alan Simpson, who filed the lawsuit on Smith’s behalf, told the Daily Times on Monday that his client has had multiple surgeries and has lost enough functionality in his left hand that he can no longer work as a police officer. Smith lost one finger completely, as well as “pretty much the use of a second finger,” Simpson said.
Although Smith is still technically on unpaid medical leave from the GPD, “he will not return to work,” Simpson said.
Before filing the lawsuit, Simpson said, “we made a settlement demand to (Barren Outdoors’) insurance company and were not able to reach an agreement.”
A press release issued by GPD a day after the incident said Smith was initially treated at T.J. Samson Community Hospital and was then taken to Jewish Hospital in Louisville, where he underwent surgery. It added that Smith would return to duty March 28.
GPD Public Affairs Officer Julie Anne Williams could not immediately say Monday whether there has been a change in Smith’s employment status.
“We don’t have anything changing Officer Darrell Smith’s status under the current administration’s paperwork,” Williams said. “We are looking at paperwork from the previous administration to see if there is anything reflecting a change there.”
The change in administrations occurred as Guy Turcotte resigned as GPD chief effective Dec. 30, and Lt. Col. James Duff was appointed interim chief by new Glasgow Mayor Dick Doty on Jan. 2.
Copyright 2015 the Glasgow Daily Times