[GregoryTech]

Just heard on The Today Show, one of the victim's family of the sniper attacks is suing Bushmaster, the distributor, and the retail store. I can't find a web link to the story yet. I'll edit and attach a link when I do.

[edit: add link]

http://www.washingtonpost.com/wp-dyn/articles/A63331-2003Jan15.html

[nsf003]

I'm suing Ford because a drunk driver hit my house while in one. :rolleyes:

Morons.:banghead: That's the way to solve it. Sue the toolmaker. Forget about the person who did the killing.

nsf

[Tamara]

I wish I could say that I found this surprising. :(

What are they alleging? That Bushmaster didn't assure that the gun was only capable of firing Nerf bullets?

[Slotback]

Yet more proof that we have way too many lawyers in America.

[BamBam]

And so it begins.....................

[foghornl]

I wish I could say that I found this surprising.

I am surprised that it took this long for the bottom-feeding scumsuckers to show up.

Wow, we REALLY need to get some of this 'tort reform' through.

[Hkmp5sd]

They forgot to include Cheverolet for manufacturing the Caprice, the dealer that sold it to Muhammad, the US Army for teaching Muhammad to weld and the manufacturer of the welding machine he used to alter the Caprice.

Might as well sue everyone with a white van too. After all, they were providing camoflage for the snipers by distracting all of the LEO's from the actual snipermobile.
http://smilies.crowd9.com/otn/angry/newburn.gif

[JPM70535]

Slotback hit the nail on the head. TOO MANY AMBULANCE CHASING, SCUM SUCKING, BOTTOM FEEDING LAWYERS.

Blaming Bushmaster is just an attempt to extort money from the deepest pockets. Too bad the scum suckers can't be held liable for all the legal costs involved when the suit is thrown out or Bushmaster is held not liable, as they will be.


GOD MADE MAN AND SAM COLT MADE THEM EQUAL!!!!

[Steve in PA]

Just heard on Good Morning America that they are planning on suing the dealer for shoddy paperwork and for letting the weapon get out, etc........

Haven't heard about them suing BM.......but it wouldn't suprise me.

I can't wait till something happens (not tragic) to me so I can sue someone totally uninvolved and make millions!!!! :fire:

[2dogs]

We need to make these people pay the trial costs if they are actually allowed to go forward and they lose the idiotic lawsuit................................. no telling but some equally brain disfunctional jury will award them millions.:fire:

[Baron Holbach]

Another meritless lawsuit. Federal and state tort reform should be such that any defendent winning a ruling on the basis of a meritless lawsuit will collect damages. The idea behind such tort reform should deter the anti-gun zealots from filing the lawsuit in the first place. The U.S. House of Representatives will have no problem passing this much needed reform. It will be a battle in the Senate, however, because the Democrats are beholden to trial lawyers' special interest groups, as well as Brady and Handgun Control Inc. I expect the Democrats will filibuster or tack on non-germane amendments to the original proposal in order to weaken the legislation.:cuss: :banghead:

[Master Blaster]

The principle of Looser pays for all of the legal fees of both sides, is an excellent way of cutting down on these frivilous lawsuits, especially the contingency fee fishing expeditions.

Thats why it wont happen.

Most of our government officials in congress are lawyers, look for their names on those brass plaques on the big law firms.

The superfund passed in 1980 was the biggest source of legal fees for the most lawyers ever, unfortunately it did not clean up many waste sites. If the government had spent the billions in legal fees paid to private lawfirms actually cleaning up the polluted sites, almost all of them would be remmediated. Instead they spent the money suing anyone who had any involvement at a superfund site, despite the fact that the chemicals dumped were dumped legally and in compliance with existing regulations at most sites.

The demonrats and some repubs will tell you that we need to continue the suits, rather than cleaning up the sites.

Any congressperson looking to reauthorize superfund, Like my own Joe Biden gets a large amount of support from the american trial lawyers assoc members, Joe got $890,000 in the last election cycle.

I know this because I spent the years 1987-1999 working for CIGNA Property and Casualty Insurance Co. 8 of those years I handled pollution cases as a reinsurer, and I attended 3 conferences of the Defense Research Institute, (trial lawyers, and insurance folks handling large claims).

Why should You Care??

It makes everything you buy more expensive, the money comes out of your pocket.
:fire:

[Tamara]

...and remember, a lawyer is nothing but the larval form of a politician! ;)

[Chris Rhines]

It's not that we have too many lawyers.

We just have too many bad ones. We need more lawyers who are concerned with upholding individual rights.

- Chris

[Boats]

What is amusing about all of the tort lawyer bashing here is that you guys are all castigating the "tool" as much as the survivors are going to try and blame Bushmaster. Without a client pushing for whatever passes through their own mind as "justice," there is no lawsuit.:banghead:

What I smell here is the Brady Bunch, particularly Dennis Hennigan. Do you really think if there weren't any "surplus" lawyers for them to employ, they wouldn't pay "scholarship" money or somehow otherwise create some for their own uses? The NAACP basically minted their own civil rights attorneys in an era when it was extremely difficult for blacks to go to law school. They eventually helped Thurgood Marshall become a very powerful foe of Jim Crow laws.

The Bradys of course do not need to go that far because just as in every other professional endeavor, there are people of all political stripes in the law. I am sure that the survivors and the Bradys have no difficulty finding ideologically motivated legal help and won't need to pay for the creation of a lawyer to aid their cause anytime soon.:scrutiny:

[GregoryTech]

Story:

http://www.washingtonpost.com/wp-dyn/articles/A63331-2003Jan15.html

Sniper Victims' Families to Sue Over Assault Rifle


By Allan Lengel
Washington Post Staff Writer
Thursday, January 16, 2003; Page B02


Relatives of two Washington area sniper victims plan to file suit today against the gun manufacturer and the gun shop linked to the Bushmaster XM15 assault rifle used in the shootings that terrorized the region last fall.

The families of sniper victims James L. "Sonny" Buchanan and Conrad Johnson allege that the companies showed "gross negligence" that "caused injuries and death," according to a draft of the suit provided yesterday. The plaintiffs, represented by the Brady Center to Prevent Gun Violence, will outline allegations at a news conference today.

The suit is to be filed in Washington state against Bull's Eye Shooter Supply of Tacoma, which either sold or lost the rifle in a theft; Brian D. Borgelt and Charles N. Carr, owners of the gun shop; Bushmaster Firearms Inc. of Windham, Maine, maker of the gun; and sniper suspects John Allen Muhammad and John Lee Malvo. The families are seeking unspecified damages.

"I hope ultimately there will be control over who obtains firearms," said Vickie Snyder of Rockville, the sister of Buchanan, a 39-year-old landscaper who was killed Oct. 3 while mowing grass at a car dealership near White Flint Mall. "I guess I really hope the shops will be more responsible in their paperwork and the manufacturers will be more responsible about who they sell guns to."

The other family in the case is representing Johnson, 35, a Ride On bus driver who was slain Oct. 22 in Aspen Hill.

Dennis Henigan, legal director of the Brady Center, said that at least three more families of sniper victims plan to join the suit soon. The organization has filed more than two dozen similar suits on behalf of municipalities and individuals.

"This assault rifle, which served the snipers' deadly purposes so well, did not fall from the sky into their hands," Henigan said.

Allen Faraday, vice president of administration for Bushmaster, said the company did nothing wrong and sold the rifle legally to a firearms dealer. "We naturally don't feel it's legitimate," he said of the litigation. "Nowadays, lawyers are looking to file lawsuits wherever they can."

The owners of Bull's Eye Shooter Supply did not return phone calls for comment. Federal authorities have launched an investigation into how the rifle wound up with Muhammad and Malvo.

[TallPine]

And I just heard on the radio that the bleeding hearts are pleading for poor 17 year old Malvo - "he's just a boy"

Sick. It's just a gun. It didn't load itself, seek out an innocent victim, then line up the sights and pull its own trigger. But Malvo did.

Of course, blame the tool and excuse the criminal. How do they think we got here to start with?

[Bartholomew Roberts]

I'm suing Ford because a drunk driver hit my house while in one.

Actually a better analogy would be that you are suing Ford because a drunk stole one off a lot and then hit your house in one. That's how ridiculous this lawsuit is.

[Smoke]

The truly sad part of all this is they have a good shot at it because the gun dealer screwed up. There has been no record of sale or the fed forms either. The dealer reported it as stolen after the shootings, the gun had been gone much longer than that. ATF investigation turned up over 200 guns that the store couldn't account for. Thats not going to help.

Information from major network morning show...(the one with Katie Couric)

I hate stupid lawsuits.

I think I'll sue Hewlett Packard for making my blood pressure go up when I read things on the internet.

[sm]

Dissapointed in a suit, not surprised tho'.

If litigation happy, persons should file suit/ class action suit against media, and all involved reporting mis-information. After all persons were informed of a white van--not a Caprice.

How about those whom had their rights trompled whilst searching for weapons?

Media has deeper pockets than BM, and its the person not the instrument. Whereas the instrument of misinformation may have caused a sense of safety when not so.

i.e.
Fire door gets locked--though marked EXIT--owner may be sued, if death / injury occurs due to misinformation.

[Hkmp5sd]

The dealer reported it as stolen after the shootings, the gun had been gone much longer than that.

That doesn't matter. Federal regulations state a dealer must inform ATF with 48 hours of discovering the theft. Since they didn't discover the theft until the cops showed up with the serial number and they opened the box to find it empty, they didn't violate any law.

Of course, this doesn't excuse their poor business and recordkeeping practices.

[madkiwi]

Why do none of these suits ever name the ATF and the Federal Government as defendants? Arguably the government had more control over who can buy and sell guns than the manufacturer!

Next time a smoker sues, he should look to see who makes the most money off of cigarettes. HINT! It isn't the tobacco companies.

madkiwi

[MarineTech]

I'm sorry to see the suit is being filed in Washington State. I'd love to draw jury duty for that if it was here in Maine. I have to agree, tort reform is desperately needed in this country. Either that, or make it so that if you sue somebody and lose, you have to pay their legal fees. That would drastically reduce the number of nuisance suits out there.

[4v50 Gary]

Tort reform now! The real folks who need to be sued are the culprits. But then again, they don't have money.

[DonP]

The idea of having the loser pay all court costs looks good on paper.

But ... let's say you're working in a plant or on a road crew and your daughter is seriously hurt driving back from the college, that you can just barely afford, because there was a poorly designed brake system, tire etc.

You have to be ready to take the risk that your lawyer can win against Chevy, Ford, Raybestos or the other large corporate entity that you have to go up against in court. If you lose, you are in debt for hundreds of thousands of dollars for their high priced corporate lawyers as well as your own.

With a total "loser pays" system a lot of "little" people will get "steamrolled". That's the way it used to be, back in the late 1800's and early part of the 20th century before they reformed the system the last time.

Back then if your husband died in a mine cave in with no safety systems in place and all the widow got was his last $20 check from the company, a best wishes letter along with a notice that you had one week to move out of the company housing. It was bad then but now the pendulum has swung way to far in the other direction.

It's an ugly system and needs fixing to get rid of the $28 billion awards for stupid crap. It needs fixing to make the plaintiff lawyer more personally responsible.

The way the system works now the lawyer is gambling with a few hours of his time. If the complaint is ruled frivolous and thrown out, he's just out a few billable hours.

Maybe a system where the losing lawyer has to sign over his Mercedes or BMW title to the winning attorney would make them more curcumspect about filing this stuff.

Don P.

[SIGarmed]

This is just disgusting. I really really wish that we could get some addresses of the plaintiffs. They should be showered with mail explaining our disgust. I'd write a hundred letters. I don't think they should be immune from gun owners. I'm betting that if they're smart they're laying low. The "sue everyone" because someone has money attitude is just plain wrong and it accomplishes nothing but make the law abiding pay in the long run.

[Citadel99]

I saw the report on Good Morning America while at rehab for my shoulder. I almost blew my shoulder out again I was so pissed when I saw it. Those two morons claiming that the Bushmaster was an "assault rifle" designed "only for the purpose of killing" and had "extreme firepower in case they had a run in with the police." Makes my blood boil...

Mark

[Gila Jorge]

Watched those snivelers this am on Idiot Broadcasting (excuse me NBC) and they want to hit the lottery (sue Bushmaster). They will of course lose their suit...but the attorney should be tried for suborning legal actions contrary to public interests. Same problem in WV with malpractice insurance...ignorant people being swindled by itinerant underwmployed cambulance chasers (lawyers). Sure having trouble with english this morning. Can't really say what I think....!

[faustulus]

I'm suing Ford because a drunk driver hit my house while in one.

You know I think this may be the answer. The more frivoulous suits the courts have to deal with the greater the chance for tort reform. I am usually against new laws, but something has to be done, maybe make the person suing pay for the others court costs, or something to that effect.

[Blackhawk]

The families of sniper victims James L. "Sonny" Buchanan and Conrad Johnson allege that the companies showed "gross negligence" that "caused injuries and death," according to a draft of the suit provided yesterday. Gross negligence...? The suit won't survive a motion for summary judgment. Stupid people! :banghead:

[moa]

They might as well as include Montgomery County, MD, the State of Maryland, and the Federal Government, etc, too. Because:

1. There was early on a secondary police be-on-the-lookout-for a 1990 dark colored Ford Caprice (former police car) that was spotted near the only Washington DC. killing. It was seen in the area driving at night with its lights off.

2. The snipers were probably stopped about a dozen times near the vicinity of the shootings for doing things like running red lights and speeding.
The car had firing ports cut into the trunk stuffed with similar colored socks.

I understand their tags were run at least ten times. So, it would appear that there was a generalized law enforcement incompentence in not thinking to check-out possible suspects based multiple traffic stops for the same vehicle near the sniper incidences.

Take into consideration that something like 1,000 investigators where involved in the sniper hunt. However, it appears most of them were wasted squirreling around checking out .223 owners on the remote chance a local was the sniper.

Oh, by the way, in many cases the investigators called the .223 owners ahead of time to arrange an interview. If the sniper was so warned, I suspect they would most likely flee, or worse, set up an ambush.

[Shalako]

Why a lawsuit against Bushmaster? Because there is an Emotional Payload behind a Bushmaster. Consider all aspects of the sniper's crime spree. Hold up a picture of a Chevy Caprice, the emotion meter barely wiggles. Hold up a picture of a suspect, the emotion meter jumps a bit. Hold up a picture of a Bushmaster and the emotion meter pegs out. Red alert. Scary item. Alert.

The emotional payload behind a Bushmaster ensures that their will be sufficient attention to see this thing through. People have already drifted past their fear of the sniper rampage but show them a picture of a Bushmaster and the juries soil themselves.

-Shalako

[Noban]

If I didn't live in CA, I'd show my support for Bushmaster and buy an AR. Not that I want one, just want to help them cover legal fees :D

[tyme]

I'm buying a shorty just as soon as I have the money. They might even come up with something special this year, seeing as it's their 25th anniversary.

[KMKeller]

It's not about justice or morality or doing what's right. It's not about putting the killers away or sending a message. It's about greed and the vile profiteering off of a loved ones death. It sickens me. It's like taking out life insurance in case your child dies. It's banking on human misery. It's abhorrant.

[Baron Holbach]

One idea behind tort reform is to determine whether lawsuits have merit. In addition, plaintiffs who actually win a tort case should be limited in the amount awarded, especially from what is lumped as subjective barometers such as pain, suffering, and mental anquish, awards which have completely gotten out of hand to the detriment of the economy and justice. In the case of determining whether a lawsuit has merit, why should Bushmaster be a defendant? What is the purpose behind suing the manufacturer when it has nothing to do with the crime spree? Was it the manufacturer who pulled the trigger, accounting for numerous murders? Did the manufacturer walk up to the murderers and hand them the rifle, saying, "Here, go out and kill people"? Common sense is eschewed and instead the plaintiff and trial lawyers attempt to legislate by lawsuit. Part of the reason for the plaintiffs suing the manufacturer is that obtaining any civil awarded monetary relief from the murderers is nil, and thus the manufacturer is held as the scapegoat because that is where the money lies. There have already been several judicial rulings against holding the manufacturer responsible for the mayhem that occurs on the streets. Likewise, in the instant case, the plaintiffs will not get a dime from Bushmaster because eventually the courts will rule on precedence, citing those rulings where manufacturers are not liable for the murders committed using their guns because the cases lacked merit and are frivilous.

[Wildalaska]

the plaintiffs will not get a dime from Bushmaster because eventually the courts will rule on precedence, citing those rulings where manufacturers are not liable for the murders committed using their guns because the cases lacked merit and are frivilous.

Exactly, although the cost to Bushmaster in legal fees is enormous.

As to the dealer, well he may 9underline the word may) be arguably liable.

One of the plaintiffs legal claims will be to try to show that "assault rifles" are dangerous. This will of course klead to evidence showing that they are not..therby helping our cause. On the other hand, it is unfortunate that Bushmaster has to pay for it.

Instead of whining and caterwauling how bad the system is, why doesnt this Board get together to help Bushmaster with their legal fees. If everyone kicked in $10 or even more, that would help them out a lot..in fact it would help our cause more than all the cries of "traitor" I see on this Board..

Ive got my credit card handy..who wants to take the lead?

[El Tejon]

English rule immediately if not sooner!

[cordex]

In This thread (http://www.thefiringline.com/forums/showthread.php?threadid=141524) it was mentioned that The Bullseye shop might not be in trouble after all ... this is out of date then, no?

[Waitone]

Somehow I just knew Brady Center would be involved and shore'nuf they were.

No information on just who the attorney was.

How much you wanna bet the attorney is a name we've seen associated with tobacco, gun manufacturers, asbestos, or Microsoft? Another unintended consequence of these galactic scale lawsuits is they tend to fund additional lawsuits. I don't believe Brady draws sufficient donations throughout the year to fund a fullscale suit over the sniper situation.

Tort reform will be one of three issues upon which the 2004 election will turn. We are being destroyed by a plague of locusts.

[fmjcafe]

I guess it was just a matter of time....
:fire:

[PATH]

Methinkst Shakepeare was right about lawyers. I will contribute to Bushmasters defense if someone organizes a legitimate fund!

[standingbear]

i had to retype it.it has made me disgusted to think how low some antigun groups will go to further their agenda.maybe someone should sue them for giving them nausea?by the way; why not put all that terrorist money sitting in those frozen accounts to good use.

[notos&w]

We need to make these people pay the trial costs if they are actually allowed to go forward and they lose the idiotic lawsuit.................................

most of the time the lawyer works on a contingent basis and thus gets stuck w/ the trial costs if he loses.

that said, i agree us lawyers need to cull the ranks.

[RJ likeguns]

If someone has the intent to do harm to another, they will do it no mater what. Wether it be with their fists, or anything else like a gun, car, hammer, knife, rope, toaster, tv, brick, chainsaw, frying pan, frozen steak, wrench, glass, chair, rock, etc............

It reminds me of seeing in the news a few years back of a goofball suing god because of his misfourtunes.

I feel bad for all of the legal fees that the co. will encounter. :cuss:

[sctman800]

Interesting fact: the brady center is one of the charities funded by the united way. I read this on another board recently, but not wanting to take second hand info, I emailed them and they responded about a week later. I allready deleted the answer from my email, basicly they said it is considered a local charity to, if I remember correctly, a D. C. chapter. If you send them an email the will answer. Needless to say they will never again see a dime frim me. Jim.

[Waitone]

So if the DC chapter funds the Brady organization, how come they can't fund a gun safety organization such as . . . . . er, I know, the NRA. Added benefit is the NRA HQ is located in the same area!

[Bottom Gun]

The United Way saw their last dime from me when they decided to turn on the Boy Scouts because of that gay rights BS.

Instead of setting up a charity fund, if everyone who owns an AR15 would order some spare parts or an extra upper receiver from Bushmaster, it would help them immensely and we'd all have that extra upper we've always wanted.
I bought a Dissipator upper from them right after the snipers were caught since I had always wanted one and figured I'd better get one while I still could.
I really like it. It combines the convenience and fast handling of the 16" while giving you a longer sight radius for more precise shooting. I'm very pleased with the accuracy.

[Sportcat]

I believe on the Today show this morning the plaintiff refered to the Bushmaster as a "weapon of mass destruction."

Idiot.

[gun-fucious]

All of the retoric is straight out of the Brady's press conference on Assault Weapon Ban Renewal (http://www.thefiringline.com/forums/showthread.php?threadid=131241)

heres the lawyer:
http://us.news1.yimg.com/us.yimg.com/p/ap/20030116/thumb.1042749166.sniper_families_suit_rnr102.jpg
http://story.news.yahoo.com/news?tmpl=story&u=/030116/168/320d5.html
Paul Luvera of Luvera Law Firm holds a press conference in Seattle about a suit being filed by Luvera Law against the gun dealer and manufacturer of the Bushmaster XM15 assault rifle, Thursday Jan. 16, 2003. The Bushmaster assault rifle was used in the Washington D.C. area sniper case. The suit is against Bull's Eye Shooter Supply store in Tacoma, the gun manufacturer and the two snipers suspects themselves. (AP Photo/Ralph Radford)
- Jan 16 3:31 PM ET

[gun-fucious]

His trials have resulted in fourteen multimillion dollar jury verdicts, in addition to dozens of similar settlements._ His Oregon jury verdict of $44 Million against a pharmaceutical company was the fifth largest in the nation in 1994._ His $29.7 Million jury verdict in Idaho in 1999 is the largest medical malpractice verdict in the State’s history._ His $16.2 Million dollar malpractice verdict in 2001 was the largest medical malpractice verdict in the state._ He recovered a Spokane jury verdict in 2002 of $20 Million for personal injuries against a power company and billboard sign company._ His many settlements include $75 Million for the death of two ten year old children, $45 Million for the wrongful death of six adults and $19.7 Million for malpractice._ He has been named by The National Law Journal, The American Lawyer and The Washington Journal as one of the nation’s best trial lawyers. The American Board of Trial Advocates, Washington Chapter, selected him as the Trial Lawyer of the Year in 1999._ Seattle Magazine featured him as one of Seattle’s top trial lawyers in 2001._ In 2002 Washington Law and Practice, named him as the number one trial lawyer out of the top 100 trial lawyers in the state.


http://www.luveralawfirm.com/profiles/paul.html

[gun-fucious]

http://www.gunlawsuits.org/xshare/images/0103/011603/3.jpg
DC-Area Sniper Victims Sue Gun Shop and Gun Maker for Negligence
http://www.gunlawsuits.org/features/press/release.asp?Record=446

NRA-Backed Legislation Aims to Rob Victims of Their Rights

The Brady Center to Prevent Gun Violence announced today that its Legal Action Project is filing a civil lawsuit on behalf of the families of several victims of the D.C.-area sniper against the gun dealer and manufacturer who made it possible for the snipers to terrorize the Washington, D.C. region last fall.

The suit charges Bull's Eye Shooter Supply with operating its gun shop in such a grossly negligent manner that scores of guns, including the high-power Bushmaster XM-15 E2S used by the snipers, inexplicably "disappeared" from the store. It alleges that John Allen Muhammad and John Lee Malvo, who were both legally prohibited from buying guns, could not have obtained the Bushmaster absent the gun shop's negligence.

"This assault rifle, which served the snipers' deadly purposes so well, did not fall from the sky into their hands," said Dennis Henigan, Director of the Brady Center's Legal Action Project. "The snipers were aided and abetted by the reckless conduct of a gun shop that mysteriously 'lost' scores of deadly weapons and the manufacturer that supplied high-firepower combat guns to that dealer with no questions asked."

The suit is being filed today in the Superior Court of Pierce County, Washington on behalf of Denise Johnson, widow of Montgomery County bus driver Conrad Johnson and on behalf of the family of James L. "Sonny" Buchanan, who was gunned down mowing the lawn outside of a Rockville car dealership. Several other victims and families will be joining the lawsuit shortly, including - Rupinder "Benny" Oberoi, the first sniper victim shot with the Bushmaster as he was closing a Silver Spring liquor store; the family of Premkumar A. Walekar of Olney, who was killed while pumping gas; and the family of Hong Im Ballenger, who was killed outside of a Baton Rouge, LA beauty supply store.

In addition to Bull's Eye Shooter Supply of Tacoma, Washington, the suit names as defendants the store's owners: Brian Borgelt and Charles N. Carr; Bushmaster, Firearms, Inc., the manufacturer of the assault rifle; and the two sniper suspects themselves - Muhammad and Malvo.

Brady Center lawyers are serving as co-counsel in the case with renowned Seattle trial attorney Paul Luvera.

"We plan to show that less than three months after Bull's Eye received the Bushmaster assault rifle in its store, the firearm 'disappeared,' traveled across the country and was used in the sniper attacks," Paul Luvera said. "Such a swift 'time-to-crime' is highly indicative of grossly negligent sales and distribution practices on the part of Bull's Eye and the gun industry defendants."

The suit cites the store's shoddy recordkeeping and inventory controls, as well as its failure to promptly report missing guns to federal authorities and to adequately train its employees.

Bushmaster Firearms is charged with negligence in continuing to sell a high-firepower assault rifle designed for combat use through Bull's Eye even though the prior government audits of the gun store had revealed hundreds of missing guns. Both Bull's Eye and Bushmaster also are charged with contributing to a public nuisance.

The suit is being filed at a time when the National Rifle Association and the gun industry are seeking legislation in Congress to strip gun violence victims of their legal rights by protecting gun manufacturers and sellers from virtually all civil lawsuits. Last fall, the House of Representatives was set to vote on the NRA's Gun Industry Immunity Bill, then-numbered H.R. 2037, when the sniper shootings began. The bill was quickly pulled off the House calendar, with House Republican leaders acknowledging they did not want the vote to occur while the nation was traumatized by the sniper shootings.

This Gun Industry Immunity legislation would have blocked the lawsuit being filed today, as well as countless other suits filed by gun violence victims against reckless dealers and manufacturers. The NRA has stated that enactment of similar legislation is its top legislative priority in the new Congress.

"It is unconscionable that the gun lobby is seeking to shut the courthouse doors to the innocent victims of the sniper shootings and to other victims of gun violence across the country," said Brady Center President Michael Barnes. "This is special interest legislation at its worst. Any member of Congress who votes to immunize the gun industry should have to explain to these victims why they should be denied their day in court."

see also:
http://www.gunlawsuits.org/docket/johnson_qa.asp


Conrad Johnson, et al. v. Bull's Eye Shooter Supply, et al.
Lawsuit Questions & Answers

What is the nature of this lawsuit?

On January 16, 2003, attorneys with the Legal Action Project of the Brady Center to Prevent Gun Violence and the Washington State law firm Luvera, Barnett, Brindley, Beninger & Cunningham are filing a lawsuit on behalf of families of victims of last year's sniper shootings. The suit is being filed in the Superior Court for Pierce County, Washington State.

John Allen Muhammad and John Lee Malvo have been charged in connection with a series of sniper shootings using a Bushmaster XM-15 E2S .223 caliber semi-automatic assault rifle in the fall of last year. Muhammad and Malvo obtained the Bushmaster assault rifle through the gross negligence of gun dealer Bull's Eye Shooter Supply and gun manufacturer Bushmaster Firearms. Bull's Eye ran its gun store in such a grossly negligent manner that scores of its guns routinely "disappeared" from its store and it kept such shoddy records that it could not even account for the Bushmaster assault rifle used in the sniper shootings when asked by federal agents for records of sale for the weapon. At least 238 guns "disappeared" from Bull's Eye in the last three years alone.

Bushmaster deliberately continued to utilize Bull's Eye as a Bushmaster gun dealer and supplied it with as many guns as Bull's Eye wanted, despite years of audits by the Bureau of Alcohol, Tobacco and Firearms showing that Bull's Eye had scores of missing guns. If Bull's Eye and Bushmaster had acted responsibly in the sale of their guns, Muhammad and Malvo would not have been able to obtain the assault rifle they needed to carry out their shootings, as they were prohibited purchasers under federal law. This suit seeks damages for the injuries caused by the gun industry's negligence and the public nuisance their negligence created as well as the intentional acts of Muhammad and Malvo.



Why is the gun lobby trying to prohibit gun violence victims like the sniper victims from holding irresponsible gun dealers and manufacturers responsible for their actions?

The gun lobby has announced that its top legislative priority in the new Congress is the passage of special interest legislation that would prohibit the sniper victims' families and all other gun violence victims from filing lawsuits against gun dealers and manufacturers for negligent or reckless acts. This radical departure from the history of American jurisprudence would stack the deck against the sniper victims' families, declaring that they automatically lose their case against Bull's Eye Shooter Supply and Bushmaster without any determination by a judge or jury. It would require the immediate dismissal of their lawsuit against Bull's Eye for its grossly negligent sales practices that allowed dozens of guns to "disappear" from its store and against Bushmaster for deliberately using such an irresponsible dealer to sell its assault weapons. Bull's Eye and Bushmaster would be allowed to continue their negligent practices without any liability to the sniper victims' families. This legislation was introduced in the last Congress as H.R. 2037/S. 2268 and was co-sponsored by more than half of the House and nearly half of the Senate. For more on these bills see www.gunlawsuits.org/immunity/.



What are the legal claims asserted in the lawsuit?

This suit has three main claims. Claims of negligence are asserted against the gun industry defendants - Bull's Eye Shooter Supply for its grossly negligent sales practices that allowed dozens of guns to "disappear" from its store and Bushmaster for deliberately using such an irresponsible dealer to sell its assault weapons. This claim is based on the common law of negligence that requires all persons and companies to act reasonably and responsibly in the conduct of their affairs. Also named are the individuals who own Bull's Eye and currently unknown "John Doe" distributor(s) that may have distributed the Bushmaster assault rifle used in the sniper shootings.

The second legal claim is that the actions of Bull's Eye, Bushmaster and the other gun industry defendants have created a public nuisance. The suit alleges that the gun industry defendants created a public nuisance by distributing and selling guns in such a grossly negligent manner that dozens of guns routinely "disappear" from Bull's Eye retail store, to be used by violent criminals like Muhammad and Malvo to terrorize the public.

The third claim is against Muhammad and Malvo for their intentional acts in shooting the sniper victims.



Who are the plaintiffs in this case?

The plaintiffs are victims of the sniper attacks and their families. The families of Conrad Johnson and James L. "Sonny" Buchanan, Jr. are filing suit today. Rupinder "Benny" Oberoi and the families of Hong Im Ballenger and Premkumar Walekar will be joining the suit shortly.

*

Conrad Johnson, 35, was a resident of Oxon Hill, Maryland. He was a Ride On bus driver in Montgomery County, Maryland. He had a wife, Denise, and two children, ages fourteen and seven. On the morning of October 22, 2002, Conrad was preparing his bus for his morning routes at a Ride On bus staging area at the 14100 block of Grand Pre Road, Aspen Hill, Maryland. At about 5:56 am, while standing on the top step of his bus, he was shot with the Bushmaster assault weapon. He collapsed from his pain and injuries and died that morning. Conrad Johnson was the last person killed with the Bushmaster assault rifle, prior to the arrest of Muhammad and Malvo two days later on October 24, 2002.
*

James L. "Sonny" Buchanan, Jr., 39, was a resident of Abingdon, Virginia. He ran a landscaping business in the Washington, DC area and was engaged to be married in December 2002. He volunteered on the board of the Montgomery County, Maryland Police Boys and Girls Club and the county Crimesolvers. On the morning of October 3, 2002, he was mowing the lawn of Fitzgerald Auto Mall at 11411 Rockville Pike, White Flint, Maryland. At about 7:41 am, he was shot once in the back with the Bushmaster assault weapon, fired by Muhammad or Malvo. He was able to walk away from the lawnmower for about 50 yards where he then collapsed. He was taken by ambulance to a hospital, where doctors operated on him in an attempt to save his life. They did not succeed and Sonny Buchanan was pronounced dead at the hospital that morning.
*

Rupinder "Benny" Oberoi, 22, is a Maryland resident who had worked at the Hillandale Beer and Wine store in Silver Spring, Maryland since July 2002. On September 14, 2002, as Benny was closing the store with the store manager, he was shot and wounded with the Bushmaster assault rifle. A .223 caliber bullet entered Benny's lower back and then shattered inside his body, causing severe damage to his internal organs. Benny was taken to Washington Hospital Center where he needed 26 staples on his chest following extensive surgery to repair damage caused by the shattered .223 caliber bullet.
*

Hong Im Ballenger, 45, was a beauty supply store manager in Baton Rouge, Louisiana. She was shot and killed with the Bushmaster assault rifle on September 23, 2002 outside the Beauty Depot store she managed, as Muhammad and Malvo made their way across the country to the Washington, DC area. She was married for 20 years to her husband James, who retired from the Army after 20 years service and had three sons.
*

Premkumar Walekar, 54, was a resident of Olney, Maryland. He was a cabdriver and stopped to refill his cab at a Mobil gas station on Aspen Hill Road and Connecticut Avenue in Maryland on October 3, 2002. At about 8:12 am, about one-half hour after Sonny Buchanan was shot, Premkumar Walekar was shot with the Bushmaster assault weapon. He collapsed from his pain and injuries and died that morning. He leaves a wife and son and daughter.




Who are the defendants in this case?

The defendants are as follows:

*

Bull's Eye Shooter Supply is a Tacoma, Washington gun dealer that operates its business in such a grossly negligent manner that dozens of lethal firearms routinely "disappear" from its store. Even though Bull's Eye specializes in selling deadly firearms to the general public, its business practices are so shoddy that, after the shootings, Bull's Eye claimed to have no record of sale for the Bushmaster assault rifle used in the sniper shootings and claimed to have no idea how the deadly assault weapon "disappeared" from its store. Because of Bull's Eye's gross negligence, Muhammad and Malvo were able to obtain the weapon they needed to carry out the sniper attacks.
*

Bushmaster Firearms, Inc. is a Windham, Maine manufacturer of military-style assault weapons such as the XM-15 E2S used in the sniper attacks. Bushmaster has deliberately continued to sell guns to Bull's Eye despite years of reports that dozens of firearms have "disappeared" from its retail store and gun shows, most of which would be foreseeably used in violent and deadly crimes. Because of Bushmaster's gross negligence, Muhammad and Malvo were able to obtain the weapon they needed to carry out the sniper attacks.
*

Brian D. Borgelt and Charles N. Carr are the partner owners of Bull's Eye, responsible for setting and maintaining its grossly negligent sales practices.
*

John Allen Muhammad and John Lee Malvo have been charged in connection with the sniper shootings with the Bushmaster assault rifle. Muhammad and Malvo operated as a sniper team, with one of them intentionally shooting the sniper victims with the Bushmaster assault rifle while the other aided, abetted and facilitated that shooting. As with the other defendants, both Muhammad and Malvo caused these injuries and deaths.




What type of gun is the Bushmaster XM-15 E2S?

The Bushmaster XM-15 E2S .223 caliber rifle is a military-style assault rifle that Bushmaster manufactures using the "latest military design specifications." Bushmaster markets its guns as perfect for use in sniper and counter-sniper military-style operations, selling consumers an "ultimate sniper grip" for its guns for $59.95 and claiming that a new model of its gun, which it warns is not legal for hunting in some states, "is proving to be very popular as a Counter-Sniper Rifle." Bushmaster claims that the XM-15 is meant to be accurate when shooting "targets" at long range and is touted as "The Best - By A Long Shot!" The assault rifle used in the sniper shootings was equipped with a bipod and a telescopic sight. Bushmaster also sells optional attachments for its guns, including flare launchers and "Tactical Assault Sling" adapters "to allow easier assault position carry of your weapon." The Bushmaster assault rifle and military-style attachments have no legitimate civilian sporting or self-defense purpose.

[capt_happypants]

Dennis, you ignorant slut...

The M4A3 is not a counter-sniper weapon; it's designed for Close-Quarters-Battle. A 5.56mm rifle with a FOURTEEN AND A HALF-INCH barrel is utterly worthless for any countersniper mission.

Bushmaster touts the TWENTY-FOUR INCH barreled "Varminter" as a countersniper weapon, and it would do fairly well within 200 yards or so.

But facts really don't matter; you just want to fuel the bloodlust of the sheeple and destroy a company for your cause.

[Wildalaska]

Bushmaster deliberately continued to utilize Bull's Eye as a Bushmaster gun dealer and supplied it with as many guns as Bull's Eye wanted, despite years of audits by the Bureau of Alcohol, Tobacco and Firearms showing that Bull's Eye had scores of missing guns.

And there it is...the Plaintiffs lose...unless they can show that Bushmaster knew or should have known that Bullseye was "losing" guns AND that Bushmaster sold the gun directly to Bullseye..


This one aint gonna last long...

[MarineTech]

OK, let me get this straight. Bushmaster is at fault because they continued to sell guns to the store even though several BATF audits had shown guns were missing. Here's my 2 questions:

1) How would Bushmaster know that this supplier had missing guns or the results of these audits. I'm not familiar with ATF regulations. Do they release these figures to manufacturers or make these figures available?

2) If this store had numerous missing guns over years and several BATF audits, WHY WERE THEY STILL OPEN?!?! Why did the ATF not shut them down? Isn't that what they're supposed to do? They've dropped the boom on dealers for significantly less in the past, how is this store still operating?

I don't think the Brady Bunch needs to sue Bushmaster. I think they need to sue BATF for not doing their job.

[firestar]

The problem is not with the lawyers. It is with people who don't realize that bad things can happen in this world and there is nothing you can do about it! These are the same people that beleive that when they die, they will go to heaven and live forever in magical wonderfullness.

Wake up people! Sometimes bad things happen and nothing can stop them and nothing can undo them. Thats just life.

I take that back, it IS partly the lawyers fault. It takes two to Tango. I heard somewhere that there are more lawyers in law school than there are practicing lawyers in the country. They are swarming and fighting for every little scrap of work they can get.

I am glad that I didn't go to law school now.

[jdrew]

[URL=http://www.petitiononline.com/SaveXM15/petition.html]

[jdrew]

http://www.petitiononline.com/SaveXM15/petition.html

[modifiedbrowning]

MarineTech said what I was going to say.

[Wildalaska]

Everybody should pass that petition around to all of their shooting buddies and email contacts!

[Baron Holbach]

Where the plaintiff is suing Bushmaster, the solution to these kinds of lawsuits lies with Congress passing legislation that will put out of business those special interest groups -- such as Brady, HCI Inc., etc -- who file meritless and frivilous lawsuits. Congress must word the legislation such that rulings against meritless and frivilous lawsuits will exact such a severe economic toll that the plaintiff will refrain from filing such lawsuits in the first place.

[Waitone]

Few points here

--Bushmaster is a gun manufacturer. It does not have the pockets sufficiently deep to attract a major league litigation locust. There is some other reason for taking the gig.
--Logic and common sense has nothing to do with the suit.
--Emotion is driving the desire to file suit. Emotion will drive the conclusion of the jury. Does Whashington have areas similar to LA's "The Bank" or Jefferson county Mississippi where the jury pool is incredibly inept, stupid, and capable of being manipulated beyond all measure.
--Look for a settlement at some time after the defendants are suitably beat up.
--Look for Brady and Co. to fund more suits out of the DC sniper episode.

What I want to know is when will the pro-2nd groups "go and do likewise" and begin to inflict economic harm.

[gun-fucious]

this lawsuit is part of the Brady public awareness campaign to continue the 1994 AWB

[tyme]

(Lawsuit FAQ) The Bushmaster assault rifle and military-style attachments have no legitimate civilian sporting or self-defense purpose.Time to recall m16s and m4s from all defensive military units - they're no good for self defense. The lawyers say so. Let's start by disarming armed guards at military bases and at the pentagon. And don't forget those armed national guard units at airports...

[spartacus2002]

This lawsuit is not about compensating the victims, this is about bankrupting Bushmaster and putting them out of business. And once Bushy is gone, the rest of the firearms manufacturers will be picked off one by one.

Call the NRA, GOA, SAF, JPFO, etc, and tell them to take to the airwaves and blast the Brady Bunch for doing this.

Call Bushmaster 1-800-883-6229. Express your support. Tell them to establish a Legal Defense Fund. Once they do, contribute! Tell Bushmaster to start selling "We support Bushmaster" bumper stickers, then buy them and put them on your cars. And, if you can afford it, buy a Bushmaster.

Call your congresspersons and tell them to establish legislation protecting the gun industry from these lawsuits.

Time for all to hang together or we will all hang separately...

[Wildalaska]

I called Bushmaster and asked if they would accept donation, they said thank you and that they werent at this point in time...

[tomkatz]

I signed the petition, and I own a bushmaster(may just have to buy another one) Marinetech makes a great point, sue the BATF if they let this store operate after so many bad audits. All bushmaster needs to know is that they are selling to a licensed dealer. I have heard that bullseye is in trouble for various things, tax evasion, and not reporting stolen guns etc., but these killers would have gotten a gun somehow, they could have gone on their killing spree with most any good bolt action hunting rifle...tom

[Bainx]

Absolutely the height of stupidity!