$3 Million Jury Verdict for Passenger Shot in the Shoulder by Jackson County Deputy in 2019
After trial: The Missouri Court of Appeals, Western District, reversed this verdict on March 10, 2026, holding that official immunity barred McGaugh's negligence claim because there was no evidence the deputy intended to injure her. The separate judgment for Cates's sons from the same trial was affirmed.
Won by The Popham Law Firm.
On September 12, 2019, Jackson County Deputy Tyler Naudet fired five shots at a car in Independence, Missouri, wounding passenger Randi McGaugh and killing the driver, Allen Cates. On May 24, 2024, a Jackson County jury awarded McGaugh $3 million on her negligence claim and assigned her one percent of the fault. On March 10, 2026, the Missouri Court of Appeals, Western District, reversed that verdict on official immunity grounds.
What happened
On September 12, 2019, Jackson County Deputy Tyler Naudet was among officers trying to arrest Allen Cates, 29, in Independence, Missouri. Cates was in a car, and Randi McGaugh was in the passenger seat.
The defense's account of the next moments was disputed at trial, but the core physical facts were not. Naudet fired five shots at the car in about one second, through the windshield. Cates was hit four times in the neck and chest and died at the scene. McGaugh was shot in the shoulder and was treated at a hospital. After that she was arrested, though no charges were ever filed against her. She later described years of therapy and sobriety since the shooting.
McGaugh sued Naudet in Jackson County Circuit Court, and her claim was tried alongside the wrongful death claim brought by Cates's two sons. Tom Porto of The Popham Law Firm represented McGaugh. Jury selection began on May 13, 2024, and the jury returned its verdicts on May 24. On McGaugh's negligence claim it awarded her $3 million and assigned her one percent of the fault, which brought the judgment to $2.97 million. Cates's sons were awarded $7 million on a wrongful death claim based on battery.
The defense had argued that the arrest should have been routine and that Cates drove toward the deputy. After the verdict, Porto told reporters that Naudet "still has no idea where all the bullets went." McGaugh said the deputy should lose his badge and his authority to carry a weapon. Naudet remained employed by the sheriff's office, and the county said it would appeal.
The Missouri Court of Appeals, Western District, decided the appeal on March 10, 2026, in McGaugh v. Naudet (WD87542, consolidated with WD87576). It reversed McGaugh's verdict. The court held that official immunity shields a public officer from negligence liability unless he acted with actual intent to injure, and it found no evidence that Naudet knew McGaugh was in the car or meant to hurt her. It declined to carry his intent toward Cates over to her. The separate judgment for Cates's sons, which had been submitted to the jury as an intentional tort, was affirmed.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Missouri Lawyers Media, 'COA reverses jury verdict against officer who shot passenger', March 24, 2026·Archived copy
- 2.Kansas City Star via AOL, 'What $10M verdict means to woman injured, family of man killed by Jackson County deputy', 2024·Archived copy
- 3.McGaugh v. Naudet, WD87542 consolidated with WD87576, Mo. Ct. App. W.D., March 10, 2026·Archived copy
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