Families of Multiple Newtown Victims Sue Estate of Shooter's Mother

Two injured survivors and families of at least eight of 26 victims murdered in a mass shooting at Sandy Hook Elementary School on Dec. 14, 2012 are suing the estate of Nancy Lanza, the mother of shooter Adam Lanza.

Two separate lawsuits filed in January claim that Nancy Lanza bought a Bushmaster AR-15 assault rifle and kept it unsecured in her home, contributing to the wrongful death of at least eight students and educators killed when her son used the gun in the Sandy Hook school shooting massacre, also killing her and committing suicide.

Her son's access to the military-style weapon "was a substantial factor" leading to deaths of students Benjamin Andrew Wheeler, 6, Dylan Christopher Hockley, 6, and Daniel Gerard Barden, 7, and educators Rachel Marie D'Avino, 29, Mary Joy Sherlach, 56, Lauren G. Rousseau, 30, and Rachel Victoria Leigh Soto, 27, in the Dec. 14, 2012 shooting, one of the lawsuits argues.

The family of James Radley Mattioli, 6, another student killed in the shooting, also filed a complaint against Nancy Lanza's estate on grounds of wrongful death because she "failed to adaquately lock up or otherwise secure the weapon in her home," arguing that her "carelessness and negligence" played a part in Mattioli's death. The complaint argues that Nancy Lanza "allowed her son, Adam Lanza, access to the weapon despite the fact that she knew or should have known that his mental and emotional condition made him a danger to others."

Survivors Natalie Hammond and Deborah Pisani are also listed as complainants on the first lawsuit, claiming that Adam Lanza's access to gun in the shooting caused their serious personal injuries, as well as "loss of earning capacity, pain and suffering, medical and other related expenses, severe emotional distress and loss of enjoyment of life's activities."

The families of the deceased victims also incurred burial expenses as a result of the mass shooting that claimed the lives of their loved ones, according to the first lawsuit. The plaintiffs named in that case are asking for at least $15,000 in damages.

The lawsuits also seek to collect on Nancy Lanza's homeowner's insurance. Bridgeport lawyer Josh Koskoff, representing the families suing, said homeowner's insurance applies when a person is injured as a result of an unsecured firearm in a home being accessed by a third party.

"With this many claimants, the money ends up being a symbolic gesture, but it serves as an important reminder that people who keep firearms in the home must be scrupulous about securing their weapons," Koskoff said in a statement, adding that the policy is estimated to be worth between $1 million and $1.5 million.

A judge has set a status conference on both lawsuits at Bridgeport Superior Court for April 9.

Hammond and the Sherlach, Soto, Hockley, Rousseau, Wheeler, Barden and D'Avino families are also named in a lawsuit against the gun-maker, Bushmaster that manufactured the gun used in the killing spree. The families of Jesse Lewis, 6, and Noah Pozner, 6, are also part of the lawsuit, which was moved to federal court in January.  The wrongful-death and negligence lawsuit says the rifle should not have been sold for civilian use because of its overwhelming firepower.

Bushmaster, which on its website has a warning against improper or careless handling of its firearms, hasn't filed a response to the lawsuit in federal court but has indicated it intends to file a motion to dismiss it.

The town of Newtown acquired the Lanza house in December at no cost to the town, officials said. Ryan Lanza, the heir to the estate, authorized the deal, according to the Hartford Courant. The Newtown Legislative Council voted in January to tear it down.

A construction company with ties to the town has offered to demolish the home at no cost.

Copyright AP - Associated Press
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