http://www.latimes.com/news/state/20010510/t000039375.html
Thursday, May 10, 2001
Arguments Presented in Case Against Gun Maker
Law: Closely watched suit claims company is liable in rampage that
killed eight. Lawyers say it is not possible to predict how state
high court will rule.
By MAURA DOLAN, Times Legal Affairs Writer
SAN FRANCISCO--The California Supreme Court, considering a
landmark gun liability case, appeared to struggle Wednesday with
whether to hold gun makers responsible for harm their products
cause.
Questions from the court suggested that the gun industry would
prevail, but attorneys on both sides of the lawsuit said it was
impossible to predict whether the court would uphold a 1999
appellate decision permitting such suits.
The court heard arguments in a closely watched negligence
lawsuit against the manufacturer of a semiautomatic assault weapon
that was used to kill or wound 14 people during a rampage in a San
Francisco high-rise in 1993.
Numerous gun publications were found in Ferri's apartment,
including several issues of one magazine that contained full-page
advertisements for the TEC-DC9, which has since been banned
nationwide.
Chief Justice Ronald M. George questioned how an advertisement
for a weapon, even if inflammatory, can cause a crime. "What is
there to suggest that the advertising . . . leads a person to commit
an unlawful act?" he asked.
The court's decision on whether to allow the lawsuit to proceed
will help determine the fate of similar suits against gun makers
filed by Los Angeles, San Francisco and other California cities and
counties. The case also will affect how courts in other states view
such litigation, which is becoming increasingly prevalent. Gun
makers fear that a loss in this case could make them as vulnerable
as the tobacco industry in lawsuits by victims.
As the justices grilled the lawyers in the case, children,
widows and widowers of the victims listened from the front row of
the packed courtroom.
Some justices appeared to search for a way to hold the gun
manufacturer responsible but seemed uncertain that a legal avenue
was available.
Even if the court were to find that Navegar Inc. negligently
promoted and sold the weapon, it also would have to find that the
negligence caused the mayhem, Justice Kathryn Mickle Werdegar said.
The victims and their families sued the Florida-based firm,
which manufactured the TEC-DC9 that gunman Gian Luigi Ferri used in
the 1993 rampage. Ferri killed himself before he was apprehended.
"The weapon allowed Ferri to create and inflict the mayhem,"
Werdegar said. But how can it be proven that the gun caused him to
murder? she asked. "I see a difference there," said Werdegar, a
moderate on the court.
The 1st District Court of Appeal decided in September 1999 that
the lawsuit should proceed because Navegar "had substantial reason
to foresee that many of those to whom it made the TEC-DC9 available
would criminally misuse it to kill and injure others."
The appeals panel said Navegar "deliberately targeted the
marketing" of the weapon to "persons attracted to or associated with
violence." The ruling remains the only such appellate decision in a
gun case in the nation.