Just think about the implications had this lawsuit somehow succeeded. It would mean that victims of arson could sue Bic for making an arsonist's lighter. Proctor & Gamble could be sued when someone poisoned another with Lemon Pledge furniture polish. Bat manufacturers could be sued every time a Black Labs Matter rally got out of control.
Talk about stupid. I don't think it was ever about winning, though. I think it was about politics... anything to keep guns in the news. One more manufactured crisis that corrupt politicians could politicize. How sad that our nation has sunk to these depths.
October 14, 2016
Judge Dismisses Lawsuit Blaming Gunmaker Remington For Sandy Hook Massacre
Daniel Fisher ,
Forbes Staff
A Connecticut judge has thrown out a closely watched lawsuit against Remington Outdoor over the 2012 Sandy Hook massacre, saying the plaintiffs failed to maneuver around a federal law prohibiting lawsuits against gun manufacturers over crimes committed with their products.
In a 54-page ruling, Superior Court Judge Barbara Bellis ticked through the various ways plaintiff lawyers tried to make a case against Remington, which made the Bushmaster rifle Adam Lanza used to kill 26 children and teachers on Dec. 14, 2012. All failed to fit the exceptions Congress wrote into the law, including one for “negligent entrustment,” or knowingly transferring a weapon to someone who will use it to commit a crime.
Plaintiff lawyers representing the families of Sandy Hook victims argued this was a “top-down” case where the “entrustment” was to the public at large, and the public was incapable of handling the military-style weapon Adam Lanza used. They also sued the distributor that bought the gun at wholesale from Remington and the retailer who sold the gun to Lanza’s mother Nancy, a licensed gun owner whom Lanza killed before moving on to a nearby elementary school.
“To extend the theory of negligent entrustment to the class of nonmilitary, nonpolice citizens – the general public – would imply that the general public lacks the ordinary prudence necessary to handle an object that Congress regards as appropriate for sale to the general public,” Bellis wrote. “This the court is unwilling to do.”
Attorney Joshua Koskoff of Koskoff & Bieder vowed to appeal the dismissal.
“While the families are obviously disappointed with the judge’s decision, this is not the end of the fight,” he said in a prepared statement. “We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening.”
The judge did agree with the plaintiffs, over Remington’s objections, that the manufacturer qualified as a “seller” under the PLCAA subject to the negligent entrustment exception. But the judge rejected the plaintiffs’ argument that Remington could be said to have entrusted the weapon to someone who used it in a criminal manner.
http://www.forbes.com/sites/danielfisher/2016/10/14/connecticut-judge-dismisses-sandy-hook-massacre-lawsuit-against-remington/#46a0a89d341d
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