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Sat Oct 15, 2016, 08:19 AM

Judge Dismisses Lawsuit Blaming Remington For Sandy Hook Massacre

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Based on the clear intent of Congress to narrowly define the `negligent entrustment’ exception, Adam Lanza’s use of the firearm is the only actionable use,” she wrote. Therefore none of the people the defendants actually entrusted the gun to “used” it to commit a crime.

The judge also rejected the plaintiffs’ attempt to slip their claims in under Connecticut’s consumer protection law, saying that law is limited to lawsuits where the plaintiff had some business relationship with the defendant.

And she rejected their product-liability claims, because the gun most definitely worked as intended.

The dismissal puts an end to an innovative attempt to get around the PLCAA, which Congress passed to thwart lawsuits against gun manufacturers over the crimes committed with their products. Judge Bellis allowed the case to proceed longer than might have been expected, given the clear conflict with the PLCAA, and even mused that there might be a comparison to cigarette litigation at a June hearing on Remington’s motion to dismiss.

http://www.forbes.com/sites/danielfisher/2016/10/14/connecticut-judge-dismisses-sandy-hook-massacre-lawsuit-against-remington/2/#a7079a18dce1



Here is the 54-page ruling from Superior Court Judge Barbara Bellis for those who prefer primary sources:
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=11214676


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Arrow 35 replies Author Time Post
Reply Judge Dismisses Lawsuit Blaming Remington For Sandy Hook Massacre (Original post)
aikoaiko Oct 2016 OP
Duckhunter935 Oct 2016 #1
Kingofalldems Oct 2016 #2
Duckhunter935 Oct 2016 #5
Kingofalldems Oct 2016 #9
hack89 Oct 2016 #17
hack89 Oct 2016 #7
Duckhunter935 Oct 2016 #12
ileus Oct 2016 #10
Marengo Oct 2016 #14
Duckhunter935 Oct 2016 #16
Thor_MN Oct 2016 #3
aikoaiko Oct 2016 #8
Thor_MN Oct 2016 #15
Duckhunter935 Oct 2016 #18
Thor_MN Oct 2016 #21
Duckhunter935 Oct 2016 #23
cleanhippie Oct 2016 #28
aikoaiko Oct 2016 #20
Thor_MN Oct 2016 #22
Duckhunter935 Oct 2016 #25
aikoaiko Oct 2016 #26
cleanhippie Oct 2016 #29
Thor_MN Oct 2016 #31
Duckhunter935 Oct 2016 #24
hack89 Oct 2016 #4
Duckhunter935 Oct 2016 #6
aikoaiko Oct 2016 #11
Duckhunter935 Oct 2016 #19
NaturalHigh Oct 2016 #13
Hoyt Oct 2016 #27
aikoaiko Oct 2016 #32
Hoyt Oct 2016 #33
aikoaiko Oct 2016 #34
Hoyt Oct 2016 #35
Calculating Oct 2016 #30

Response to aikoaiko (Original post)

Sat Oct 15, 2016, 09:00 AM

1. A good result

 

Chevy should not be sued for the misuse of their legal product either.

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Response to Duckhunter935 (Reply #1)

Sat Oct 15, 2016, 09:09 AM

2. The purpose of a gun is to kill.

Chevys are made to drive.

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Response to Kingofalldems (Reply #2)

Sat Oct 15, 2016, 09:16 AM

5. The purpose of a firearm

 

Is to safely fire a projectile for the user. It is the user that is responsible where that projectile ends up. Firearms are legal and can only be sold be federally licensed dealers. There are many warnings in all users manuals put in by the firearms manufacturers. Chevy is not liable if a person decided to misuse that vehicle and use it to mow down a crowd of people on the sidewalk.

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Response to Duckhunter935 (Reply #5)

Sat Oct 15, 2016, 09:21 AM

9. Not even close. The purpose of a firearm's projectile is to kill. Fact.

The NRA agrees with you by the way.

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Response to Kingofalldems (Reply #9)

Sat Oct 15, 2016, 09:50 AM

17. Yet so few guns are actually used to kill anything

It is almost as if people have found other uses for their guns besides killing.

Perhaps if we focus on the user instead of the object we can come to agreement on how to further reduce gun deaths.

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Response to Kingofalldems (Reply #2)

Sat Oct 15, 2016, 09:17 AM

7. But Chevys still kill a lot of people if used improperly

The actions of the user are what matters.

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Response to hack89 (Reply #7)

Sat Oct 15, 2016, 09:22 AM

12. Seems some don't care for that small important point

 

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Response to Kingofalldems (Reply #2)

Sat Oct 15, 2016, 09:21 AM

10. Except mine, their purpose is to save lives.

At least my self defense one are...

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Response to Kingofalldems (Reply #2)

Sat Oct 15, 2016, 09:37 AM

14. A Renault truck, being driven, killed 86 in Nice. Should Renault be sued?

 

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Response to Marengo (Reply #14)

Sat Oct 15, 2016, 09:47 AM

16. According to several here, yes sadly

 

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Response to aikoaiko (Original post)

Sat Oct 15, 2016, 09:09 AM

3. "the gun most definitely worked as intended."

 

Did the judge not define firearms as objects designed to kill here? I see that argued frequently, if the purpose of a firearm is to kill or not.

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Response to Thor_MN (Reply #3)

Sat Oct 15, 2016, 09:20 AM

8. No. The judge defined firearms as machines designed to shoot bullets.


The target of those bullets is the choice of the shooter.

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Response to aikoaiko (Reply #8)

Sat Oct 15, 2016, 09:38 AM

15. In this case, that target was school children.

 

The judge said that the weapon clearly worked as intended, therefore it worked to kill.

The judge was not talking about your arbitrary situation, the topic was school children being murdered.

I'm not arguing if the decision is good or bad, I'm saying that the judge potentially opened a door on that argument.

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Response to Thor_MN (Reply #15)

Sat Oct 15, 2016, 09:50 AM

18. I disagree

 

The firearm functioned as it was designed, to fire a projectile out the barrel without injuring the operator. The person aiming that weapon is solely responsible for who he aims it at, sadly in this case children and teachers.

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Response to Duckhunter935 (Reply #18)

Sat Oct 15, 2016, 10:27 AM

21. Neither of our opinions matter to set legal precedent.

 

I have read enough over the years to know that you will reliably defend firearms. That's a given.

The point I raise is that the judge, in this case, where we both agree that the target was school children, said that the weapon worked as intended.

I know that you will bend that in your mind in whatever way possible to defend firearms. Our opinions don't matter towards legal precedent. The judge's does.

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Response to Thor_MN (Reply #21)

Sat Oct 15, 2016, 10:36 AM

23. I agree with the judge

 

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Response to Thor_MN (Reply #21)

Sat Oct 15, 2016, 11:39 AM

28. By your logic, the truck that killed 80 in Nice also "worked as intended"

Should Renault be sued for making a truck that "worked as intended" by the user?

Your argument is full of holes.

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Response to Thor_MN (Reply #15)

Sat Oct 15, 2016, 10:08 AM

20. I don't think the issue was whether the product could be used to kill people.

The issue was whether or not the product functioned as intended and designed. Again, the target was the choice of the shooter and not the manufacturer.

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Response to aikoaiko (Reply #20)

Sat Oct 15, 2016, 10:29 AM

22. See #21, minus the history...

 

I haven't read enough of your posts to know what your mind set. Ducky will defend firearms to his or her last breath.

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Response to Thor_MN (Reply #22)

Sat Oct 15, 2016, 10:37 AM

25. Not really

 

But thanks for putting words in my mouth

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Response to Thor_MN (Reply #22)

Sat Oct 15, 2016, 10:45 AM

26. I agree that its the judge's ruling that matters.

If you want to read was discussed on the matter see:
http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=11214676

Read the section on the Exclusivity Provision of the Connecticut Product Liability Act (CPLA) on pages 49 - 52. This section shows that the issue is not whether guns; intended used is to kill. It ends:
[IMG][/IMG]

FWIW: I generally agree with Duckhunter's posts.

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Response to Thor_MN (Reply #22)

Sat Oct 15, 2016, 11:40 AM

29. Your tactic of attempting to smear a poster when your argument falls apart is your history.

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Response to cleanhippie (Reply #29)

Sat Oct 15, 2016, 03:32 PM

31. I'm not smearing anyone, just stating facts

 

If your claim was true, you would be quite hypocritical.

Interesting that you believe defending firearms has a negative connotation...

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Response to aikoaiko (Reply #20)

Sat Oct 15, 2016, 10:36 AM

24. Very true statement

 

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Response to aikoaiko (Original post)

Sat Oct 15, 2016, 09:13 AM

4. Not a surprise. Nt

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Response to hack89 (Reply #4)

Sat Oct 15, 2016, 09:17 AM

6. I agree

 

Many people have said that

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Response to hack89 (Reply #4)

Sat Oct 15, 2016, 09:22 AM

11. Not a surprise, but plaintiffs were given every opportunity to make their case...

...before the judge instead of being dismissed immediately.

This judge was especially considerate of the plaintiffs arguments and still the outcome was the expected outcome.


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Response to aikoaiko (Reply #11)

Sat Oct 15, 2016, 09:51 AM

19. Very true

 

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Response to hack89 (Reply #4)

Sat Oct 15, 2016, 09:32 AM

13. Not at all. Absolutely the correct decision.

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Response to aikoaiko (Original post)

Sat Oct 15, 2016, 11:10 AM

27. Thank you White Jesus. Gun fanciers are relieved that their pipe line of guns will not be impeded.

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Response to Hoyt (Reply #27)

Sat Oct 15, 2016, 06:05 PM

32. Is "impeding the pipeline of guns" the goal of these types of lawsuits.


You're dropping the veil. You're supposed to say that they are about making guns safer.

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Response to aikoaiko (Reply #32)

Sat Oct 15, 2016, 06:50 PM

33. That's obviously you gunners fear. You darn sure don't care about the kids, spouses, innocents that

get killed, wounded intimidated by those who train to shoot folks. The suit should punish the greedy bastards that profit from guns, just like any other suit like this.

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Response to Hoyt (Reply #33)

Sun Oct 16, 2016, 12:12 AM

34. Gun safety, Hoyt. You're supposed to talk about gun safety.

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Response to aikoaiko (Reply #34)

Sun Oct 16, 2016, 02:14 AM

35. The ultimate gun safety is for you guys to quit promothing more gunz in more places and

NRA nonsense.

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Response to aikoaiko (Original post)

Sat Oct 15, 2016, 01:43 PM

30. The correct decision

Guns are designed to kill in justifiable circumstances such as self defense. Killing a bunch of school kids fails to qualify as a justifiable shooting, and therefore the gun was misused. Manufacturers shouldn't be held liable for product misuse.

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