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HOUSTON -- The family of a woman who was accidentally shot as she ate dinner at a restaurant has filed a civil lawsuit against the gun owner.

The shooting happened as Diana Baker, 71, and her husband were having dinner with friends at Raffa s in January. A diner sitting next to them had a loaded derringer in his jacket. The gun fell to the floor and fired.
Barker was shot in the buttocks, but the bullet bounced around to many of her organs and is still lodged inside of her. The Kingwood grandmother spent weeks in the hospital and is now recovering at home.

Barker s family is also taking a stand against a bill that would allow students and professors to carry concealed handguns on college campuses. On Tuesday, Barker s husband and son will head to Austin to testify against SB 354 in front of the Committee on Criminal Justice. The bill has already passed a Senate Committee.

11 News is not releasing the man s name because he has not been charged with a crime.

The Houston Police Department and Harris County District Attorney s Office are still investigating.


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