Rural King again seeks dismissal from Clearfield woman’s lawsuit

Clearfield woman filed suit over gun bought at store used in murder

Rural King, the farm and home supply chain, is once again seeking dismissal of a federal lawsuit that was filed after a gun purchased at its Clearfield Store in 2024 was used in a murder the day after its sale.

The lawsuit was filed in April by Jodi Lynn Parks, the mother of Kodey Lee Parks, 33, of Morris Township, Clearfield County.

Kodey Parks and his estranged wife, Danielle, 39, were in the process of a custody exchange on Feb. 24, 2024, when a tussle erupted and her boyfriend, Bryan Michaelis, 50, shot and killed Kodey.

Both Danielle Parks and Michaelis were convicted of first-degree murder and are serving respective life sentences.

Jodi Parks filed a lawsuit against Kel-Tech CNC Industries, the manufacturer of the P-17 semiautomatic pistol used in the shooting, and Rural King, which sold the gun to Danielle the day before the shooting.

It charges that the corporations, acting through their employees, had a duty to prevent straw purchases of their guns.

The lawsuit contends that Danielle Parks, while still in the store, handed the gun to Michaelis.

The lawsuit points out that Michaelis had a criminal record that prohibited him from possessing a firearm.

He accompanied Danielle that day when she purchased the gun and then, it is charged, immediately gave it to Michaelis -- an alleged illegal straw purchase.

The Parks lawsuit stated, "At all relevant times, the Rural King defendants have a duty to prevent the dangerous and unsafe transfer of a purchased gun, while still inside their stores, to a person prohibited from purchasing, possessing, using, and/or handling guns including the subject store in Clearfield, Pa."

The lawsuit contends the store employees failed to identify, pick up on, or intervene in the alleged "suspicious activity" of Daniella Parks and Michaelis.

It maintained that Rural King employees lacked the proper training.

In its answer to the lawsuit, Rural King argued that federal law through the Protection of Lawful Commerce in Arms Act of 2005 barred lawsuits against manufacturers and sellers of firearms.

It claimed there was no legal duty imposed on Rural King, noting that there was no act on the part of Rural King that "was a substantial factor in bringing about the shooting of Mr. Parks."

In a petition filed in June, Rural King asked U.S. District Judge Stephanie L. Haines to dismiss the civil suit against it.

In an early July filing, Philadelphia attorney Robert G. Denine Jr. cited an exception to the federal law protecting the arms industry.

The exception (known as a negligent entrustment) enables a lawsuit to be brought against a seller "when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk or physical injury to the person or others."

That exception applies in the case against Rural King, the Parks petition retorted.

It contends Rural King failed to prevent a straw purchase of the weapon and "to prevent the unsafe transfer of the (gun) to defendant Bryan Michaelis while he was in the store."

Rural King has now addressed the alleged exception to federal law.

It complains that the negligent-entrustment defense was not mentioned in the initial complaint and that under Pennsylvania law it is not a viable exception.

"Once the firearm was sold to Danielle Parks, Rural King no longer had possession, custody, or control of the gun. Thus Rural King could not have entrusted the gun to Bryan Michaelis on the next day, Feb. 24, 2024, when it was used to kill Kodey Parks," Rural King answered in its petition filed this week.

Rural King concluded there are no plausible factual allegations in the Parks petition that Rural King employees "knew or should have known that Bryan Michaelis would use a gun purchased at Rural King to kill Kodey Parks."

Rural King argued it was not in control of the gun the day of the murder.

It will be up to Haines to determine if the Parks lawsuit can move forward.

In June, attorneys for Jodi Parks and Kel-Tec Industries of Rock Springs, Wyoming, agreed to settle the wrongful death lawsuit out of court. The details of that settlement have not been released.