Judge allows wrongful death suit against Scheels to proceed

A Hennepin County judge denied a motion in early April to dismiss a wrongful death lawsuit against Scheels All Sports and one of its employees, allowing the case to move forward toward trial.

The suit, filed by Sarah Van Bogart, mother of 19-year-old Jordan L. Markie, alleges that the company and employee William Ballantyne were negligent in entrusting a handgun to her son, who died by suicide inside Scheels’ Eden Prairie store at 8301 Flying Cloud Drive on Aug. 22, 2022. Van Bogart is serving as trustee for Markie’s heirs, a role required under Minnesota’s wrongful death statute.

She filed the original complaint in September 2024, two years after her son’s death. According to the amended complaint, Markie – who was under the legal age to purchase a handgun – was permitted to handle an unloaded handgun in the store’s firearms department. Surveillance footage shows that he examined the weapon for 28 seconds before running off with it, loading it with ammunition taken from store shelves, and fatally shooting himself.

The complaint says Markie appeared visibly anxious and behaved unusually before being handed the gun. It further argues that Scheels failed to follow industry safety standards, including verifying ID and evaluating whether Markie was legally and emotionally fit to handle the weapon. The lawsuit also accuses the company of lax firearm safety practices and of ignoring widely recognized suicide-prevention protocols within the gun retail industry.

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In an April 9 ruling, Judge Karen Janisch rejected the defense’s claim that the suit failed to state a legal cause of action. She ruled that Van Bogart’s allegations met Minnesota standards and could proceed to discovery.

“Plaintiff’s amended complaint is sufficient under Minnesota’s liberal notice pleading standard to state a valid claim for negligent entrustment,” Janisch wrote in her 16-page ruling.

The judge emphasized that while the handgun was unloaded, it was operable, equipped with a magazine, and that ammunition was easily accessible in the store – conditions that could create a foreseeable risk of harm. She also noted that the employee’s intent in providing the gun does not determine whether the entrustment was negligent under Minnesota law.

Scheels and Ballantyne filed a formal response on April 21, denying all allegations of negligence. Their attorneys argued that the incident was unforeseeable, that Markie – though under 21 – was legally allowed to possess a firearm, and that the Protection of Lawful Commerce in Arms Act shields gun dealers from certain civil claims.

In a joint filing dated April 29, attorneys for both sides submitted a discovery plan to the court – the formal process where both parties exchange evidence and identify witnesses. The plan outlines a timeline for evidence gathering and expert disclosures, with all discovery to be completed by April 30, 2026. The parties estimate the case will be ready for trial on or after Aug. 3, 2026.

The original complaint describes Markie as a gifted pianist and composer whose life was cut short by an impulsive act that, according to his family, could have been prevented had Scheels implemented stricter safety protocols.

Van Bogart is seeking damages through claims of negligent entrustment and wrongful death, alleging that her son’s death could have been prevented with stricter safety measures. No trial date has been officially scheduled.

Attorneys for Scheels and Van Bogart did not respond to requests for comment.

For anyone experiencing a crisis, please call or text 988, the National Suicide and Crisis Lifeline, or text MN to 741741 to access trained counselors available 24/7/365. If you or a loved one is at imminent risk, contact 911 and request a Crisis Intervention Team (CIT) officer.