WARREN Dismissal of suit against Pugh stands

The storekeeper had a legal right to detain the robber for police, courts ruled.
WARREN -- The 11th District Court of Appeals has upheld the dismissal of a lawsuit against Councilman James "Doc" Pugh, filed by a young man who was shot as he tried to rob the storekeeper at gunpoint.
A trial judge in Trumbull County Common Pleas Court had dismissed the civil lawsuit filed on behalf of Lamar Mitchell, who was sentenced to six years in prison after being convicted of aggravated robbery with a firearm specification.
The suit was filed against Pugh, owner of RBG Music Store in Warren, who said he accidentally shot Mitchell, then 17, after Mitchell attempted to rob the store Dec. 20, 2000. Pugh is also Warren's 6th Ward councilman and at the time was a leader of the local NAACP.
Pugh said in court that his gun accidentally discharged, striking Mitchell in his left buttock, after Pugh had apprehended and detained Mitchell, who had tried to flee upon seeing Pugh's gun. Pugh was not charged.
The lawsuit alleged that Pugh "negligently fired a pistol," causing Mitchell to sustain medical expenses, pain and suffering.
No intention
The appellate decision, written by Judge William M. O'Neill, said Mitchell can't prevail in a negligence claim under Ohio law because he was a trespasser.
The only duty a storekeeper owes to a trespasser "is to refrain from willful or wanton misconduct," Judge O'Neill wrote, citing precedents established in prior court cases.
"Nothing in the record supports the proposition that Pugh intentionally shot Mitchell," Judge O'Neill wrote. "An accidental shooting implies negligence on the part of Pugh, not willful and wanton misconduct."
The decision also says Pugh had a legal right to detain Mitchell in or near the store for a reasonable time for police after the attempted robbery.
Presiding Judge Donald R. Ford and Judge Colleen Mary O'Toole concurred in the appellate court decision.
"We are left with no other conclusion than Pugh is entitled to summary judgment, as a matter of law, because there was no legal duty owed to Mitchell that he violated," the appellate panel concluded.
Mitchell was represented by Atty. Michael Scala; Atty. Marc E. Dann represented Pugh.
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