Policeman sues store because "his holster shot him"

Status
Not open for further replies.

Preacherman

Member
Joined
Dec 20, 2002
Messages
13,306
Location
Louisiana, USA
From the Chesterfield Observer ( http://www.chesterfieldobserver.com/news/2006/0524/news/007.html ):

Gun's holster is blamed for officer wounding himself

Richmond officer sues two Chesterfield gun shops seeking $1.2 million over accident

By Greg Pearson STAFF WRITER

A sergeant in the Richmond Sheriff's office is suing two Chesterfield gun shops for an accidental shooting two years ago when he shot himself in the hand. He alleges the holster is to blame.

According to the court filing, on May 9, 2004, while Sergeant Naitraj David was getting ready for a family trip to Kings Dominion, the gun discharged, hitting him in the left hand, "causing serious injury." He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."

According to the court filings, the gun shops were to "use reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."

From the gunshot wound, David "suffered physical pain, discomfort, mental anguish substantial expenses for doctors [and] lost earnings from employment" and is not able to perform his job as before.

The suit was filed against Town Police Supply on Courthouse Road in Chesterfield County while the suit against Southern Gun World on Midlothian Turnpike was filed in Richmond.

According to David's Charlottesville attorney, Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, David was unsure of where he bought the pancake-style holster, thus requiring two lawsuits.

"There is a slight chance the holster was purchased at Town Police, but I think the suit with Southern Gun will be the one that goes forward," said Slaughter. "Sergeant David is 95 percent sure he bought it at Southern Gun. It's ongoing litigation so I don't want to comment further."

When contacted, David said, "It's in my attorney's hands, so I have to follow his instructions."

"Our records indicate he didn't buy that holster from us," responded Karen Allen, owner of Southern Gun. She said David was also suing the manufacturer. "He'd better have a lot of money because G&G [Gould & Goodrich Leather, the manufacturer in Lillington, N.C.] has never lost a lawsuit."

Both suits against the retailers are similar and seek $1.2 million in damages with interest from two years ago plus legal costs. David, who is licensed to carry a weapon off duty and resides on Kentwood Forest Drive in Chester, wants a jury trial.

The owner of Town Police did not return a call from the newspaper.
 
He can't remember where he bought it so he picks 2 places to sue?!?:scrutiny:

I can't even see the mechanics of how he shot himself in the left hand if the strap on the holster tripped the trigger.
 
And Darwin would say???

Apparently this "gentleman" has not evolved. Any moron knows to observe the strap when holstering the weapon. I have to do NOT so with my DeSantis for my 1911s due to their external safeties. I DO have to do so with my Galco shoulder rig for my G17 because it has NO external safety, per say.

Was there not a recent suit against Fobus and a recall for Glock holsters?

Duh!!!! :rolleyes:

Doc2005
 
i think the PD should sue him for negligence, and the gunshops should sue him for defamation of character, as he has besmirched the good name of their product. i intend to sue him for the mental anguish caused when i read the article, and THR admin, you'll be hearing from my attorney....to allow such an emotionally and mentally draining thread to remain on your site is criminal.
 
We must lobby congress to put reasonable controls on dangerous holsters and make them safer...for the sake of the children and the Baluga Whales.



No! Why stop at just holsters? You should ban leather and plastic!

......for the children.....
 
Well then Carl!

I shall be suing you for the emotional distress caused by you questioning my non-criminal status for participating in this thread.
 
If he can't even remember or prove where he bought the holster, how could a judge allow this lawsuit to go forward at all?

Does anyone know who decides if a jury or judge will decide the case? I was thinking it would be the defendant, not the plaintiff.
 
I'm not an attorney, but a finding of "frivolous and without merit" comes to mind in terms of the likely results of this so-called suit. This guy and his lawyer are probably fishing for an offer, any offer, of a cash 'settlement' out of court, which is a legal way of attempted blackmail the way i see things. If that's the case, then i HOPE the judges find "FWM".
 
He must not have the receipt, or he would know where he got it.:rolleyes: The store may not have a record either. Then what? I think carlrodd is right; they should sue him.

lawson4
 
The other stupid thing is that he's suing them in two jurisdictions when both shops are in Chesterfield County. Maybe he's suing Southern in Richmond because Chesterfield wouldn't let him bring the same suit against two different, unrelated defendants.

I don't see how the Richmond court would have anything at all to do with this one since the alleged seller of the alleged holster is in Chesterfield and the alleged shooting of the alleged hand of the factual idiot most likely happend at his home in Chesterfield.
 
And up to the ND, the guy probably thought of himself as being one of those few people professional enough to handle a pistol . . .

Notice that the guy is a SERGEANT in the Richmond's Sheriff's office, meaning he has distinguished himself with superior ability above and beyond the mere rank and file . . .

What does that say about the rank-and-file? :eek:
 
I slipped on a sidewalk a few years back and was injured. I can't really remember what store the sidewalk was in front of so I'm just going to sue two-hundred or so establishments along that strip of road, hopefully that will cover the guilty party :rolleyes:
 
It's all the police department's fault. They should have restricted him to one "bullet" to be carried in his shirt pocket. The holster would have been foolproof (?) if he hadn't loaded the pistol... :neener:
 
Sergeant Naitraj David has just proved, beyond a reasonable doubt, that he is simply too stupid & too incompetent to wear a badge.
 
It's all the police department's fault. They should have restricted him to one "bullet" to be carried in his shirt pocket. The holster would have been foolproof (?) if he hadn't loaded the pistol...

Maybe he should sue the manufacturer of his uniform shirt because it didn't have a special "bullet pocket" so he was forced to load his gun!


:neener:
 
I think this had little to do with the kind of gun (which was never mentioned) and much to do with the material between this officer's ears.
 
touche owen! you can expect to hear from my lawyer, as i will be filing a counter-suit. i'm heartened by all this talk of frivolous lawsuits. i encourage everyone to file hollow civil lawsuits. perhaps if we make a concerted effort, the whole system will buckle under the weight of its own bloated sickness.
 
Status
Not open for further replies.
Back
Top