PANAMA CITY — The family of a man who was shot in the head with a shotgun by his best friend has filed a lawsuit claiming the incident could have been avoided, according to court documents.
Blaine Kendall, 29, called authorities to his 2605 Cypress St. home in January 2013 to report that he’d shot and killed his friend, 24-year-old Thomas Crawford, when he tripped over a shotgun while entering his residence. The physical evidence at the scene conflicted with several of Kendall’s explanations. He later admitted he had been holding the weapon when it discharged once and struck Crawford in the head, and the case proceeded as an accidental death.
However, the entire incident could have been prevented by Kendall, according to a three-count lawsuit filed by Crawford’s surviving relatives.
“… Kendall failed to take reasonable steps to prevent or remedy the unsecured nature of the loaded shotgun,” the lawsuit states. “As a result of the unsafe conditions, (Crawford) suffered fatal injuries when he was shot and killed.”
Kendall pleaded no contest to providing law enforcement with false statements and improper exhibition of a firearm and was placed on probation for a year after the shooting. Since, the Crawfords have filed a wrongful death, negligence and gross negligence suit against Kendall.
In his initial statement, Kendall told investigators he kicked the gun returning into the home after feeding his dogs when it discharged and struck Crawford.
He then said the gun actually had been on the coffee table when he reached for a drink and knocked it, causing it to discharge when he tried to steady the gun, officials reported.
In his third account, Kendall told officers he reached under his futon, retrieved the shotgun and laid it across his lap. When he went to stand up, he clinched his hand and accidentally shot Crawford in the head, according to investigative reports.
The Crawfords are seeking compensatory and punitive damages for the pain, suffering and mental anguish caused by the loss of their son exceeding $15,000 from a jury trial. The funeral costs alone were $9,485, according to court documents.
The Kendalls’ home insurance company, Florida Farm Bureau, has filed suit against both families to prevent their company from having to cover a settlement. Florida Farm is asking to evoke its right to deny $100,000 liability coverage, because Kendall is not an insured party and the Cypress Street address is not an insured location under the policy.
Kendall spent about 120 days in jail for violating his probation at which time he penned an apology letter to the sentencing judge.
“Before all I was worried about was going out with my friends and doing illegal drugs,” Kendall wrote. “I guess because it helped get my mind off things. … Now I look back, all I was really doing in the end and have done is hurt the people I love most.”