*This is straight from the actual lawsuit. It is more than just one guy. Also you have to take into consideration that Sig for business gain concealed the original issue. Sig management was willfully ignorant of the problem to escape direct liability. IMHO They changed the trigger on the Govt contract and did not change it on the commercial product until they had to settle a lawsuit publicly. They then only did a voluntary upgrade verse a real recall and declared declared that un-upgraded guns were still drop safe and could not fire on their own.*
E. Other Substantially Similar or Identical Defective Discharges of the P320.
62. Before it introduced the P320 into the stream of commerce in the United States in 2014, SIG was aware of defective discharges without a trigger pull, many of which pre-dated the December 2016 sale to Guay.
63. Upon information and belief, there have been many prior incidents of defective discharges involving the P320 that have discharged without the trigger being pulled (whether involving the P320 in its original configuration, or the re-designed or “upgraded” version). The P320 has defectively discharged (both while in battery and out-of-battery) while the weapon was merely being handled, moved, while it was being holstered or un-holstered, and when the weapon was accidentally dropped. 3 3 A pistol such as the P320 is in battery when it is ready to fire with the slide properly positioned in alignment with the frame over which it rests. An “out-of-battery” discharge occurs when the slide is not in proper alignment with the weapon’s frame. Photo shows a pistol in out-of-battery state. 23
64. For example, in February of 2016, a fully-holstered P320 discharged without a trigger pull inside a Roscommon, Michigan police officer’s vehicle when the officer moved to exit the vehicle during a snowstorm. The incident was captured on the officer’s body cam video (fn. 3 above) and shows that no object entered his holster at any time.
65. In 2016, the Surprise, Arizona, police department complained to SIG of two separate incidents of P320s firing without trigger pulls.
66. Despite outstanding discovery requests in a civil action against SIG regarding defects with the P320 in the United States District Court for the Eastern District of Virginia in 2018, Vadnais v. SIG Sauer, Inc., 1:18-cv-00540 (EDVA 2018), these three incidents described in Paragraphs 64 and 65 herein were not disclosed by SIG, until the last day of discovery.
67. In October of 2016, a P320 fired un-commanded on retired NYPD officer Thomas Frankenberry in South Carolina, severely injuring him. The spent casing did not eject.
68. In November of 2016, a P320 fired un-commanded on an officer in Holmes Beach, Florida, striking him in his leg.
69. In 2017, a sheriff’s deputy in Michigan accidentally discharged a SIG Sauer pistol, striking a schoolteacher in the neck.
70. On January 5, 2017, a P320 shot a Stamford SWAT team member in his left knee when the pistol fell from a distance of less than three feet to the ground while fully holstered, refuting SIG’s express representations that the weapon is drop safe, cannot fire without a trigger pull, and does not require a safety to be drop safe.
71. On February 28, 2017, a P320 accidentally discharged while in use by the University of Cincinnati Police Department.
72. On June 14, 2017, a P320 accidentally discharged in Wilsonville, Oregon.
73. On June 20, 2017, a P320 accidentally discharged while in use by the Howell Township, NJ, Police Department. 24
74. In June 2017, SIG shipped approximately 800 P320s to the Loudoun County Sheriff’s Department in Virginia, privately assuring Sheriff David Chapman that the by then known problems with the weapon would be fixed, but stating that for the time being it had to deal with the weapon as currently manufactured and designed. Three P320s within this shipment later fired without trigger pulls on three deputy sheriffs, severely injuring them. 4
75. On July 28, 2017, a P320 accidentally discharged in Tarrant County, Texas.
76. On August 7, 2017, SIG’s CEO, Ron Cohen, stated in a press release that: “there have been zero (0) reported drop-related P320 incidents in the U.S. Commercial market.” This statement was not true. In fact, at the time it was issued, SIG had direct knowledge that Officer Vincent Sheperis in Connecticut had been shot by a drop fire with the commercial version of the P320 approximately eight months earlier, as well as several other defective discharges of the P320 before that date.
77. As noted, on August 8, 2017, SIG announced a “voluntary upgrade” program for the P320 pistol, stating that the pistol meets “rigorous testing protocols for global military and law enforcement agencies” and all “U.S. standards for safety.”
78. This statement was also false and intentionally misleading as there are no United States federal government standards for gun safety, a fact well known to SIG when it issued this press release.5
79. SIG’s VU program, as noted, was presented to the public as purely optional, not urgent, and not mandatory, offering to make existing commercial versions of the P320 “better” by installing a much lighter trigger, an internal disconnector component, and an improved sear to prevent accidental discharges. 4 Both a non-upgraded and “upgraded” re-designed versions of these P320s later fired un-commanded on and hit at least three Loudoun County deputy sheriffs in 2018 and 2019. 5 No federal agency oversees how firearms are designed or built. Congress exempted firearms from any federal regulation when it created the Consumer Product Safety Commission in 1972, due to Second Amendment concerns. 25
80. On August 9, 2017, the police chief of Morrow, Georgia, issued an emergency order removing the P320 from service.
81. In October of 2017, a P320 accidentally discharged in Georgia when an officer fell to the ground in pursuit of a suspect. His weapon was holstered and fired simply when he struck the ground.
82. On November 12, 2017, a P320 accidentally discharged in Tyler, Texas.
83. In January 2018, upon information and belief, a P320 accidentally discharged in Dallas County, Texas.
84. On February 7, 2018, Loudoun County, Virginia, deputy sheriff Marcie Vadnais’s P320 fired on her un-commanded severing her right femur causing catastrophic skeletal injury, deformity, four general anesthesia surgeries, severe emotional distress, and related trauma, ending her career. Upon CAT scanning her P320, it was found to have both a product and manufacturing defect: crossed sear springs that apply upward spring pressure to the sear to keep it from releasing the striker.
85. Months later in April of 2018, SIG issued a second “voluntary upgrade” notice to all users or owners of the P320, but still did not recall the weapon.
86. In May of 2018, civilian Gunter Walker reported to SIG that his P320 fired on him uncommanded when he placed the weapon down on his nightstand, shooting him through the palm of his left hand.
87. In June of 2018, a Williams County, Ohio, officer reported that his P320 discharged twice in one moment as he was merely attempting to move the slide backward. One round grazed the officer’s arm; the other blew through his patrol car’s driver’s side door.
88. In May 2018, a Rancho Cucamonga, California, officer reported that his “upgraded” P320 fired un-commanded while he was merely walking inside his department locker room; the casing of the round did not eject. 26
89. In October of 2018, a P320 fired un-commanded on Lieutenant Letrell Hayes in Georgia while he was holstering it, causing severe tunneling injuries to his right thigh and calf.
90. In October of 2018, firearms expert and retired law enforcement officer Stephen Mayes’ P320 fired on him un-commanded while seated in its holster, causing severe injury to his right leg.
91. In December of 2018, civilian Robert Lang’s P320 fired on him un-commanded, causing severe tunneling wounds to his right leg.
92. On May 19, 2019, the upgraded P320 of Lieutenant Thomas Ahern of the Cambridge, Massachusetts, SWAT team fired un-commanded inside a SWAT van with six other occupants while he was working a shift for the annual Mayfair event near Harvard Square. The round struck a metal plate affixed to his cellphone case, deflected into a SWAT gear bag, and came to rest in a ballistic helmet, narrowly missing everyone. The casing of the round did not eject. Lieutenant Ahern is a SIG-certified armorer on the P320 with significant weapons experience. 6
93. On July 23, 2019, an upgraded P320 fired un-commanded on Officer Walter Collette, Jr. of the Somerville, Massachusetts, police department, hitting him in his leg and causing substantial injuries to his leg. The next day, an upgraded P320 fired un-commanded on a Homeland Security Agent at a firing range in the Bronx, New York.
94. In August of 2019, a Philadelphia transit officer’s upgraded P320 fired un-commanded while fully-holstered, nearly striking a bystander in the subway. The incident was captured on video, it shows an “upgraded” P320 firing without the gun ever being touched and seated inside 6 According to SIG Sauer documents, “[t]he SIG SAUER factory armorer certification enables the agency armorer or individual user to completely disassemble, inspect, service, and re-assemble associated weapon systems without voiding the factory warranty. Proper and routine weapon maintenance and inspection of a firearm are essential to ensure maximum reliability. Factory armorer courses at SIG SAUER Academy certify agency armorers or individuals to maintain, inspect, service, and repair selected SIG SAUER firearms while preserving the factory warranty. Upon successful completion, armorers will fully understand each firearm and be factory-certified for a period of three years.”
https://www.sigsaueracademy.com/course/armorer-certification 27 its holster. The officer involved, who noted that the round almost hit a bystander, was returned to duty the next day fully exonerated and with no discipline.
95. The Philadelphia transit authority replaced all SIG P320s, and later fully exonerated the officer of any alleged wrongdoing in view of the content of the videotape of the incident showing that it fired without a trigger pull. The officer, Craig Jacklyn, later stated: This weapon is a hazard. I actually spoke with a lawyer for my situation. Although no one was hurt...someone could have been killed. I'm angry that I was put in a potentially life altering position with a product deemed "safe" by its manufacturer. The fact that officers are carrying this weapon on the job and at home around family thinking it's safe even while resting in its holster has me very angry. Everything that I've told you is documented through 2 Investigative Services . . . Philadelphia Police Firearms Investigative Unit/ Officer Involved Shooting Incident Unit and SEPTA Transit Police Criminal Investigations Unit. There is station video footage/ body worn camera footage as well.
96. On September 3, 2019, another upgraded and re-designed P320 in use by the Loudoun County, Virginia, sheriff’s office fired un-commanded on another Loudoun County deputy sheriff, Carl Costello, hitting him in his leg.
97. On October 10, 2019, Officer Jacques Desrosiers, also of the Cambridge, Massachusetts, police department, was shot by his P320 without a trigger pull. The round caused massive and life-changing injuries to Officer Desrosiers. The spent casing of the round did not eject.
98. On October 11, 2019, a P320 fired un-commanded on Veterans Affairs police officer Frank J. Kneski, striking him beneath his lower back as he was un-holstering the weapon. Upon inspection it was found that the spent casing did not eject.
99. The Kneski discharge was investigated by Major Peter J. Villani of the United States Veterans Affairs police agency, also a SIG-certified armorer. In his report, he noted the following: After reviewing the Officer’s sidearm, it was noted that the P-320 came from Sig Sauer to the distributor prior to the point of sale already with the “upgrade” completed. The sidearm had approximately 100 rounds through it since purchased. 28 Upon further examination of the internal parts of the frame module, I noticed that the foot of the striker that catches the [sear] has noticeable side to side and up and down movement within its channel along with upward movement of the slide from the frame. Also, the edge of the striker foot which has a height thickness of approximately 2mm, is only making contact with approximately .25 of a mm of the leading edge only of the disconnector hook. Since the striker has been changed with a lighter weight version during the “upgrade program”, it is quite possible that any abrupt movement or twisting of the P-320 while holstered, could cause the foot of the striker to disengage itself from the disconnector hook on its own since there is so little contact between the striker foot and the [sear].
100. On November 9, 2019, a P320 fired un-commanded on Officer Matthew Gardette of the Manteca, California police department as he was getting ready for work. As he merely attempted to place and fasten his duty belt around his waist, the P320 discharged inside the holster.
101. The holster was a Safariland level three holster with the hood cover up securing the pistol. The round blew out the bottom of the holster, impacted the locker room floor, and missed both Officer Gardette and a fellow officer by inches as it ricocheted into a locker door.
102. On December 2, 2019, a P320 fired un-commanded while in the possession of Detective David Albert, also of the Cambridge, Massachusetts, police department, as he was in the process of putting his duty belt on.
103. In June of 2020, a P320 fired un-commanded on a Pasco County, Florida officer, severely wounding him in his right leg. This incident was the third un-commanded discharge experienced by Pasco County officers since 2019.
104. In June of 2020, a P320 fired un-commanded on a civilian in Missouri while fully seated in its holster, causing substantial damage to the holster and resulting in a broken bone to the civilian’s foot.
105. Upon information and belief, employees at SIG’s own training academy in New Hampshire have knowledge of defective discharges causing injury that occurred in both 2016 and 2017.
* Many of these discharges have no details about the nature and circumstances of the discharge.*
*Comments by WVsig not contained in the lawsuit.