Quadriplegic Wins $8.5-Million Suit Against Parents of Boy Who Shot Him

A Van Nuys Superior Court judge Friday awarded $8.5 million to a Canoga Park man who was paralyzed at age 14 when a playmate using his father’s gun shot him five years ago.

The shooting left Dwayne McKee, now 19, confined to a wheelchair and able only to slowly move his hands, one finger and one toe.

David and Marilyn Townsend, whose son, Jeffrey, shot McKee with a loaded gun that had been left unlocked in the Townsends’ bedroom, were ordered to pay $2.8 million in damages to cover costs of McKee’s health care. Another $5.7 million in damages were ordered to compensate for McKee’s suffering.

“This is such a terrible tragedy,” said Judge Robert M. Letteau, who made the ruling in a non-jury civil trial. “It was a needless shooting and he’s such a young man, who I certainly believe would have been a very productive member of society.”

The judge characterized McKee as “a terrific kid” who is enthusiastic and optimistic despite obstacles he faces as a result of his quadriplegic condition.

Testimony during the trial included that of a doctor, who said the reality of the youth’s injuries had not yet sunk in for McKee, but he may someday suffer a delayed psychological reaction.

Letteau early this month ruled the Townsends are liable because they were negligent in leaving their son unsupervised with a loaded gun in the house. He also ruled that Anafuel Corp., a synthetic fuel company of which David Townsend was the chief shareholder and chief executive officer, is liable for damages.

That company has a $1 million insurance policy whereas David Townsend himself had only minimal insurance coverage, Letteau said.

Nonetheless, McKee’s lawyer, David Glickman, said he expects another five-year court battle against Anafuel’s insurance company, National Union Insurance, which contends it is not liable.

McKee testified the Townsend youth shot him in the neck with a .38-caliber revolver in the master bedroom of the Townsend home. McKee said he had been planning to call his mother to pick him up because Townsend was acting strangely.

Townsend, now 18, testified the shooting was an accident.

Both boys were students at George Ellery Hale Junior High School in Woodland Hills at the time of the shooting. McKee now attends Pierce College, where he has a C+ grade average and is studying business, Letteau said.

Townsend was arrested for attempted murder by Los Angeles police at the time of the shooting. He was found guilty by juvenile court authorities of assault with a deadly weapon and sentenced to a year’s probation and ordered to undergo counseling.

Of the judge’s verdict, McKee said, “I’m flabbergasted.”