Judge rules for S&W

Sverre · #1 11-02-2009, 11:15 PM

SAFETY - first, foreemost, and always!

From the NSSF Weekly Bullet Points:

Legal

JUDGE REJECTS CLAIM THAT PISTOL DIDN'T HAVE ADEQUATE WARNINGS . . . On Aug. 20, a judge ruled that Smith & Wesson wasn't to blame for an incident that caused a shooter to lose a finger (Foltz v. Smith & Wesson Corp.), reports Texas Lawyer magazine. In 2006, Roger Foltz was firing his .460 revolver and placed his finger between the cylinder and the back of the barrel. When he fired, the hot, pressurized gasses escaped in the area where he had placed his finger and partially amputated it. Smith & Wesson successfully argued the safety manual included with the pistol specifically and sufficiently warned users against placing their fingers where Foltz placed his. According to the court, makers and sellers of firearms have no duty to warn of the obvious dangers of owning or selling a handgun.

Ouch, that must have really hurt like the dickens.

Cheers,
Sverre

dlstewart01 · #2 11-02-2009, 11:49 PM

I betcha don't do that but once.

darmtn1917 · #3 11-02-2009, 11:50 PM

"Ouch, that must have really hurt like the dickens."

More than that - I remember the pictures - 1/2 gone

HAWKEYE10 · #4 11-02-2009, 11:52 PM

What is this guy thinking? He puts his finger where
he knows better then sues. That is not right. Don

Airpark · #5 11-02-2009, 11:55 PM

That is almost as dumb as the sound bite on FOX News last night. Seems a guy was going deer hunting. Put up his seat, climbed up and was pulling up his his rifle with a rope, and YEP, you got it barrel up. The gun went off and they said it , "Really messed up his hand."

As Ron White, the comedian, says..."You cannot cure STUPID."

Vegetaman · #6 11-03-2009, 03:03 AM

Ugh. Some people wouldn't know firearm safety if it pistol whipped them.

paladin42 · #7 11-03-2009, 09:50 AM

People who ignore firearms safety should be taken out and shot.

LoboGunLeather · #8 11-03-2009, 11:14 AM

Probably another example of lawyers filing a lawsuit in the hopes of receiving a "nuisance settlement". In many cases (especially when there is an insurance company on the hook) a decision is made to offer a settlement simply to avoid the expense of going to trial.

Example: Injured party files a lawsuit claiming liability, insurance company attorneys evaluate the claim and make an estimate of the costs to prepare for trial and go to court to defend the case, insurance company then offers a settlement of about the cost of trial preparation expenses. If the injured party accepts, the insurance company has saved a little money and avoided the possibility of a jury award for more.

Now, will Smith & Wesson pursue a claim for legal defense costs in this case? Will the courts, or the bar association, take action against the lawyer bringing this case (knowing that the product instruction manual clearly advised the client NOT TO DO WHAT HE DID that caused the injury?).

Defending against such a claim can cost tens of thousands of dollars in legal fees and litigation expenses. When the claim is found to be without significant merit, the plaintiff should be required to pay all expenses of the defense and the lawyer bringing the case should be disciplined in a significant way (suspension of license, disbarment for a pattern of such practices).

That is how to put a stop to abuses of the tort system.

460v LAC du FLAMBEAU · #9 11-03-2009, 11:18 AM

This specific case had some publicity back in July. I looked at my 460v owners manual and it clearly warned in words & graphics about this hazard several times. Some numb nuts should not have access to these big boomers unless they are properly trained.

OKFC05 · #10 11-03-2009, 11:28 AM

Costs against the plaintiff for frivilous law suits...now there's an idea worth pursuing, Lobo!

lcdrdanr · #11 11-03-2009, 12:55 PM

Several years ago, I had a 2 handed grip on a Taurus Model 44 in .44 Mag and somehow placed my left index finger in front of the trigger guard, under the lug and fired the gun.

At first I thought I had somehow gotten my finger at the end of the barrel and shot it off but when I looked at the finger it was still there. Coated with powder burns and completely numb, but still there. Took half a day for the feeling to come back, then it hurt like the dickens for a couple of days.

But, it really was a wake up call and I am considerably more careful with the .500 Magnum ................ !

The worst part would be spending the rest of your life explaining to people how you shot your finger off but it wasn't really your fault .....!

Dan R

armsmaster270 · #12 11-03-2009, 02:18 PM

Quote:

Originally Posted by paladin42

People who ignore firearms safety should be taken out and shot.

They don't have to be shot they shoot themselves.

CAJUNLAWYER · #13 11-03-2009, 03:29 PM

Quote:

Originally Posted by OKFC05

Costs against the plaintiff for frivilous law suits...now there's an idea worth pursuing, Lobo!

I'm with you on that one....but what about costs against the defendant if it ain't a frivilous law suit???????

I mean fair is fair.

ohiobuckeye · #14 11-03-2009, 03:33 PM

Quote:

Originally Posted by Airpark

That is almost as dumb as the sound bite on FOX News last night. Seems a guy was going deer hunting. Put up his seat, climbed up and was pulling up his his rifle with a rope, and YEP, you got it barrel up. The gun went off and they said it , "Really messed up his hand."

As Ron White, the comedian, says..."You cannot cure STUPID."

Actually, had the barrel been pointed at a more vital body part, it would have been a permanent cure for that knucklehead...

Spotteddog · #15 11-03-2009, 04:58 PM

"Loser pays" works for me?
Least number of pages, the better!

Uncle Larry · #16 11-03-2009, 05:07 PM

"Stupid is as stupid does"
'nuff said!

Mod10 · #17 11-03-2009, 10:08 PM

This lawsuit is as stupid as the old lady that sued Mcdonald's all those years ago when she burned herself with coffee.

Safety labels can't compensate for stupidity and lack of common sense.

smith revolver cop · #18 11-03-2009, 10:19 PM

Quote:

Originally Posted by 460v LAC du FLAMBEAU

This specific case had some publicity back in July. I looked at my 460v owners manual and it clearly warned in words & graphics about this hazard several times. Some numb nuts should not have access to these big boomers unless they are properly trained.

Since you read the manual, I'm curious... did it specifically say not to point it at your head and pull the trigger? Or not to put your hand in front of it, to try to catch the bullet as it comes out? I'm thinking that's where some trial lawyers think we should be!

redlevel · #19 11-03-2009, 11:03 PM

Quote:

Originally Posted by Mod10

This lawsuit is as stupid as the old lady that sued Mcdonald's all those years ago when she burned herself with coffee.

Safety labels can't compensate for stupidity and lack of common sense.

I'm not a lawyer, and I'm certainly not in favor of frivolous lawsuits, but there was a whole lot more to the Mcdonalds coffee case than is usually told.

The Actual Facts about the Mcdonalds' Coffee Case

anglaispierre · #20 11-04-2009, 07:34 AM

In England the loser is usually ordered to pay the winners costs. I would suggest that where the case is found to be malicious or frivolous the losers lawyer should be ordered to pay, and should be reported to his regulating body (bar council, law society, etc) for unprofessional conduct if the trial court decide that he was complicit. In such cases the trial judge should also have power to suspend him and order him to forgo his fees.

Stupid and greedy lawyers give the profession a bad reputation. Weed them out.

I am a retired lawyer.

anglaispierre · #21 11-04-2009, 07:45 AM

In England the loser is usually ordered to pay the winners costs. I would suggest that where the case is found to be malicious or frivolous the losers lawyer should be ordered to pay, and should be reported to his regulating body (bar council, law society, etc) for unprofessional conduct if the trial court decide that he was complicit. In such cases the trial judge should also have power to suspend him and order him to forgo his fees.

Stupid and greedy lawyers give the profession a bad reputation. Weed them out.

I am a retired lawyer.

anglaispierre · #22 11-04-2009, 08:36 AM

Wouldn't post earlier. Computer just froze, so I turned it off. Has now posted twice. Sorry about that.

hicntryhntr · #23 11-04-2009, 01:59 PM

has anyone heard about accidental shooting in colorado springs due to defect in gun

hicntryhntr · #24 11-04-2009, 02:01 PM

i think it was a 9mm, i have the same model in .40 was just wondering if anyone knew what the defect was

7shooter · #25 11-04-2009, 02:12 PM

Here is a link to the Colorado story:
The Pueblo Chieftain Online :: COLORADO SPRINGS: No charges in accidental death at Rampart Range firing range

"Prosecutors for the 4th Judicial District Attorney’s Office said the evidence was insufficient to file criminal charges against Timothy Curtis for shooting Otis Freison Jr. on July 18. The shooting prompted the U.S. Forest Service to shut down the unsupervised shooting range.

Curtis told investigators he had finished shooting his Smith & Wesson SW9VE semiautomatic pistol that day and was walking toward Freison when he dropped the slide on the pistol and it discharged without him pulling the trigger. The bullet hit Freison in the chest and Curtis and other friends immediately called 911 and tried to save Freison’s life. He was pronounced dead by paramedics when they arrived."

animalmother · #26 11-04-2009, 02:18 PM

Glad to hear that this fool lost his case. I remember the posts about this dummy when he filed suit. Guy is nothing but a ***.

Vegetaman · #27 11-04-2009, 02:25 PM

Quote:

Originally Posted by 7shooter

Here is a link to the Colorado story:
The Pueblo Chieftain Online :: COLORADO SPRINGS: No charges in accidental death at Rampart Range firing range

"Prosecutors for the 4th Judicial District Attorney’s Office said the evidence was insufficient to file criminal charges against Timothy Curtis for shooting Otis Freison Jr. on July 18. The shooting prompted the U.S. Forest Service to shut down the unsupervised shooting range.

Curtis told investigators he had finished shooting his Smith & Wesson SW9VE semiautomatic pistol that day and was walking toward Freison when he dropped the slide on the pistol and it discharged without him pulling the trigger. The bullet hit Freison in the chest and Curtis and other friends immediately called 911 and tried to save Freison’s life. He was pronounced dead by paramedics when they arrived."

Always hold the gun firm and point it in a safe direction when you drop the slide...

hicntryhntr · #28 11-04-2009, 02:38 PM

nobody has heard what the actual defect with the gun was other than pointing it at his buddy?

anglaispierre · #29 11-04-2009, 03:06 PM

Quote:

Originally Posted by hicntryhntr

nobody has heard what the actual defect with the gun was other than pointing it at his buddy?

We all know that is the one thing you must never do. Pointing at an enemy is OK, but never a buddy!

We all make mistakes from time to time. Just need to make less mistakes when we have guns in our hands.