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Posted: 4/26/2001 5:18:50 PM EDT

Thursday, April 26, 2001
Court Relieves Gunmakers of Liability

Associated Press Writer

    ALBANY, N.Y.--Handgun manufacturers cannot be held liable for shooting deaths and injuries suffered by seven people because of the supposedly negligent way the weapons were marketed and distributed, the state's highest court ruled Thursday.
    The Court of Appeals decided 7 -0 that the chain linking gun makers with the seven victims is too tenuous to hold the manufacturers responsible.
    At the least, the links in that chain also include federally licensed distributors or wholesalers and at least one retailer, the court said.
    "The chain most often includes subsequent legal purchasers or even a thief," Judge Richard Wesley said.
    With every gunshot victim or their survivors a potential litigant against gun manufacturers, more evidence of negligence on the part of gun makers must be established, Wesley said.
    The court's ruling probably dooms verdicts won in federal court in New York City against handgun manufacturers for failing to use reasonable care in the distribution of their guns. The claims were brought by seven victims of gun violence or their survivors.
    A jury ordered three defendants, American Arms, Beretta USA and Taurus International Manufacturing, to pay damages.
    In one of those cases, Stephen Fox, shot by a friend and permanently disabled, won $4 million on behalf of himself and his mother.
    Gun manufacturers appealed. A federal appeals court hearing the cases asked the state Court of Appeals to clarify whether New York law supports a negligent marketing claim in the case of handgun makers.
    Wesley said lawyers for the gunshot victims in these cases failed to show specifically how their sales and marketing allowed guns to fall into the wrong hands. A "more tangible" direct link is needed, he said.
    The court also found that it was not acceptable to ascribe a market share of liability to gun makers. Under that practice, all manufacturers of a product are assessed damages according to the share of the market they enjoy.
    In the Fox case, the gun involved in the shooting was never found and the shooter could not recall what brand it was, court papers showed. A lower court thought that justified spreading liability to all gun makers.
Copyright 2001 Los Angeles Times
Link Posted: 4/26/2001 5:21:35 PM EDT
It's big news folks! If these suits won't fly in N.Y., they won't fly anywhere (except Cal)!
Link Posted: 4/26/2001 5:23:24 PM EDT
At least there's some common sense left in NY.  Give it a few years though...
Link Posted: 4/26/2001 5:24:52 PM EDT
ladies and gentlemen, maby the tables are finally turning on the libs.
Link Posted: 4/26/2001 5:37:38 PM EDT
This is small step in NY State, but a Gigantic step in USA and history
Link Posted: 4/26/2001 6:18:55 PM EDT
Every once and awhile I am proud to live in New York.  It does not happen too often...
Link Posted: 4/26/2001 6:31:46 PM EDT
Link Posted: 4/28/2001 4:26:32 PM EDT
Link Posted: 4/28/2001 4:49:02 PM EDT
maby there is hope for us.
Link Posted: 4/28/2001 4:57:03 PM EDT
What's next...suing car manufacturers after someone buys a car, and then has an accident?

Will the BS never end?
Link Posted: 4/28/2001 6:41:36 PM EDT
Just when I thought there was no more commen sense to be found anywhere in this world....

Maybe some sharp lawyers (there are some good ones out there) will pick up on the details of this case and bring sanity to other areas of the country as well!  [;)]

The Sniper
Link Posted: 4/29/2001 7:49:59 AM EDT
Sanity prevailes?  It's about time.
Link Posted: 4/29/2001 8:10:50 AM EDT
Originally Posted By The Sniper:
Maybe some sharp lawyers (there are some good ones out there) will pick up on the details of this case and bring sanity to other areas of the country as well!  [;)]

The Sniper
View Quote


These suits have been dropping like trousers in a whorehouse.
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