Jury rules against gun maker
Casper Star-Tribune ^ | Sunday, June 03, 2007 | JEFF GEARINO
Posted on 06/03/2007 4:14:43 AM PDT by SLB
An Ohio jury ruled against a prestigious Wyoming gun manufacturer this week and awarded damages to an Ohio man who lost his right leg in a firearm accident in Albany County four years ago.
Robert Taylor of Adamsville, Ohio, was awarded $600,000 in damages Thursday against Star Valley gun manufacturer Freedom Arms Inc. following a jury trial, said Taylor's lead counsel, Kent Spence of Jackson.
The jury found unanimously that there was a defect in the design of the product, Spence said in a phone interview. He said the jury was also unanimous in determining the defect in the design was the "proximate cause" of the injury to Taylor.
"We were very pleased with the verdict, since (Freedom Arms) has known since before the gun was ever produced in 1983 that it could draw fire and snap fire," Spence said.
"They claimed that a warning in the manual was enough ... but as I told the jury, 'Don't you think a man ought to be safe to take his duster off and not lose his leg?'" he said. "The message from this jury was fix the gun and make it safe."
Freedom Arms President Robert Baker said Friday he was disappointed in the verdict. He said company officials will consult with attorneys and "review our options" before deciding whether to appeal.
The verdict by the eight-member jury came after a three-week trial in Muskingum County, Ohio.
The lawsuit initially sought $10 million in damages from Freedom Arms, Sportsmans One Stop Inc. of Zanesville, Ohio, and five unknown John Doe defendants. The complaint against Sportsmans One Stop and the John Does was later dropped.
Baker said the jury assigned 50 percent of the responsibility for the accident to Taylor, making the actual award against the company $300,000.
"These guns are just like any other guns: When used properly they work just fine, and if they're not used properly, they're a hazard," Baker said. "This is just another wake-up call for people (in regard to) any product you're using, whether it be a firearm, automobile or tool or whatever ... The individual has a responsibility to learn how to use it properly."
Unsafe firing pin
Taylor alleged in his lawsuit that the .454 caliber revolver produced by Freedom Arms is "defective and unreasonably dangerous" because it allows the firing pin to make contact with the primer cartridge before the firearm is fully set to be fired.
As a result, a user of the firearm can "inadvertently discharge" the gun even though the hammer is not pulled back, according to the plaintiff's complaint.
The lawsuit alleged the Model 83 five-shot revolver was defective because it failed to conform to express representations by the company that the firearm was one of the "world's finest" handguns specifically designed to give any user safety, top quality and dependability.
The complaint said the company also failed to warn of the dangers associated with using the gun.
The complaint said on Sept. 9, 2003, Taylor was horseback riding with friends near Rock River when the accident occurred.
While riding, Taylor was carrying the Freedom Arms .454 caliber revolver in a holster on his right thigh. The complaint said Taylor was wearing a heavy leather coat and returned to his camping trailer when it started to rain.
The complaint said while Taylor was taking off his coat in the trailer, a part of the coat caught the hammer of the gun, causing it to discharge a bullet into his lower right leg. "It blew a 5- by 8-inch hole out of the front side of his leg," Spence said.
Friends rushed Taylor to the hospital in Laramie for emergency medical treatment. He was later transferred to Fort Collins, Colo., where his right leg was amputated just below the knee.
The lawsuit sought remuneration for hospital, medical and other expenses, lost wages, impairment of his future earning capacity, and the loss of enjoyment of life.
Manual safety
Spence said experts for the plaintiff said all revolvers should be designed with transfer bars to ensure that the only way to discharge the weapon is by "fully cocking the hammer and pulling the trigger."
Baker said the company sells "quite a few" of the Model 38 handguns. He said the gun has a "manual" safety and the use of the gun is outlined in the manual.
"It's very effective, and it doesn't fail," Baker said. "Because these guns are used in such harsh conditions and dangerous conditions, we go for something that is as close to absolutely reliable as you can get."
But Spence called on the company -- and several others producing revolvers with "the same defect" -- to recall and stop producing "these defective guns."
Casper Star-Tribune ^ | Sunday, June 03, 2007 | JEFF GEARINO
Posted on 06/03/2007 4:14:43 AM PDT by SLB
An Ohio jury ruled against a prestigious Wyoming gun manufacturer this week and awarded damages to an Ohio man who lost his right leg in a firearm accident in Albany County four years ago.
Robert Taylor of Adamsville, Ohio, was awarded $600,000 in damages Thursday against Star Valley gun manufacturer Freedom Arms Inc. following a jury trial, said Taylor's lead counsel, Kent Spence of Jackson.
The jury found unanimously that there was a defect in the design of the product, Spence said in a phone interview. He said the jury was also unanimous in determining the defect in the design was the "proximate cause" of the injury to Taylor.
"We were very pleased with the verdict, since (Freedom Arms) has known since before the gun was ever produced in 1983 that it could draw fire and snap fire," Spence said.
"They claimed that a warning in the manual was enough ... but as I told the jury, 'Don't you think a man ought to be safe to take his duster off and not lose his leg?'" he said. "The message from this jury was fix the gun and make it safe."
Freedom Arms President Robert Baker said Friday he was disappointed in the verdict. He said company officials will consult with attorneys and "review our options" before deciding whether to appeal.
The verdict by the eight-member jury came after a three-week trial in Muskingum County, Ohio.
The lawsuit initially sought $10 million in damages from Freedom Arms, Sportsmans One Stop Inc. of Zanesville, Ohio, and five unknown John Doe defendants. The complaint against Sportsmans One Stop and the John Does was later dropped.
Baker said the jury assigned 50 percent of the responsibility for the accident to Taylor, making the actual award against the company $300,000.
"These guns are just like any other guns: When used properly they work just fine, and if they're not used properly, they're a hazard," Baker said. "This is just another wake-up call for people (in regard to) any product you're using, whether it be a firearm, automobile or tool or whatever ... The individual has a responsibility to learn how to use it properly."
Unsafe firing pin
Taylor alleged in his lawsuit that the .454 caliber revolver produced by Freedom Arms is "defective and unreasonably dangerous" because it allows the firing pin to make contact with the primer cartridge before the firearm is fully set to be fired.
As a result, a user of the firearm can "inadvertently discharge" the gun even though the hammer is not pulled back, according to the plaintiff's complaint.
The lawsuit alleged the Model 83 five-shot revolver was defective because it failed to conform to express representations by the company that the firearm was one of the "world's finest" handguns specifically designed to give any user safety, top quality and dependability.
The complaint said the company also failed to warn of the dangers associated with using the gun.
The complaint said on Sept. 9, 2003, Taylor was horseback riding with friends near Rock River when the accident occurred.
While riding, Taylor was carrying the Freedom Arms .454 caliber revolver in a holster on his right thigh. The complaint said Taylor was wearing a heavy leather coat and returned to his camping trailer when it started to rain.
The complaint said while Taylor was taking off his coat in the trailer, a part of the coat caught the hammer of the gun, causing it to discharge a bullet into his lower right leg. "It blew a 5- by 8-inch hole out of the front side of his leg," Spence said.
Friends rushed Taylor to the hospital in Laramie for emergency medical treatment. He was later transferred to Fort Collins, Colo., where his right leg was amputated just below the knee.
The lawsuit sought remuneration for hospital, medical and other expenses, lost wages, impairment of his future earning capacity, and the loss of enjoyment of life.
Manual safety
Spence said experts for the plaintiff said all revolvers should be designed with transfer bars to ensure that the only way to discharge the weapon is by "fully cocking the hammer and pulling the trigger."
Baker said the company sells "quite a few" of the Model 38 handguns. He said the gun has a "manual" safety and the use of the gun is outlined in the manual.
"It's very effective, and it doesn't fail," Baker said. "Because these guns are used in such harsh conditions and dangerous conditions, we go for something that is as close to absolutely reliable as you can get."
But Spence called on the company -- and several others producing revolvers with "the same defect" -- to recall and stop producing "these defective guns."
