The national Elks organization is being sued in connection with the
death of Kim Flynn, who was shot in the right shoulder and chest while
he and some friends were driving out of the parking lot of the John
Brown Elks Lodge No. 841 at about 2 a.m. Nov. 14, 1999, according to the
suit.
Warren A. Taylor Jr., who pleaded guilty to second-degree murder for the
shooting of Flynn and who is now serving a 23-year prison sentence, was
served alcohol by the Elks and other defendants in the suit when he was
intoxicated, the suit alleges.
The suit, filed by Flynn's father, John G. Flynn, alleges the Elks, a
bar employee, trustees of the local lodge and the bar did not have a
license to sell alcoholic beverages or a license to sell beer.
The suit contends the Elks and other defendants in the suit owed a duty
to Flynn to keep the lodge in a safe condition, to protect him from
injury inflicted by other people and to prevent any disturbance at the
bar.
Three defendants in the suit have settled the case for $300,000, which
was paid to Flynn's father, said attorney Kenneth J. Barton Jr., who is
representing the national chapter of the Elks.
Those defendants were John Brown Lodge No. 841, trustees of the lodge
and Alonzo Lee Puller, who operated a nightclub at the bar, Barton said.
Charles Town attorney Sam Byrer is representing John G. Flynn.
Taylor was a defendant in the suit but was dismissed from the action,
Barton said.
In his opening statements Monday, Barton said the Elks was not operating
a bar at the John Brown Lodge. Officials with the lodge had no idea
there would be a shooting at the premises, Barton said.
The rest of the week has been cleared in Circuit Court to allow for the
civil trial, said attorneys in the case.
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