BOSTON -- The family of the victim in one of Boston's most infamous murder cases is suing the fashionable fur store where Carol DiMaiti Stuart's husband obtained the murder weapon.
In the wrongful death civil suit, the woman's family charges the Edward F. Kakas & Sons furrier carelessly stored the revolver used by Charles Stuart to kill his pregnant wife and unborn son just over three years ago on Oct. 23, 1989.
The suit charges the furrier with gross negligence for allowing Charles Stuart, a manager at the store, unrestricted access to the snub- nosed .38 caliber revolver.
The suit claims Stuart had tried but failed to obtain a gun elsewhere in the days before the shooting, and took the gun from the Kakas fur store 'only because he knew that the gun was not likely to be missed due to the defendant's lax and careless handling of it.'
George Kakas Jr., co-owner of the store on fashionable Newbury Street in Boston's Back Bay, has previously said he forgot about the gun that had been in the store's safe for up to 10 years, and did not think to look for it until after Charles Stuart killed himself on Jan. 4, 1990.
Charles Stuart had blamed a black gunman for killing his wife and wounding him. Carol Stuart was eight months pregnant at the time. She died a short time later at a hospital, and her unborn son died 17 days after being delivered by emergency Caesarean surgery.
Charles Stuart later killed himself after learning his brother Matthew had told authorities of his elaborate hoax to kill his wife to collect insurance money.
The suit was filed in Suffolk County Superior Court by the victim's parents, Giusto and Evelyn DiMaiti, and her brother, Carl DiMaiti.