TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, March 6, 2017

Sandy Hook Plaintiffs Appeal Dismissal to State Supreme Court

Attorneys representing the families of the children slain at Sandy Hook attempted to fit their allegations within an the negligent entrustment exception to the 2005 Protection of Lawful Commerce in Arms Act.  Their case was dismissed, and now they are appealing to the state supreme court.  The attorneys rely on a 1977 Michigan case:

The families attorneys are hoping a case involving a slingshot injury in Michigan will help them prove that one of the largest gun manufacturers in the world negligently entrusted the AR-15 to Lanza even though he didn't actually purchase it and help them overcome PLCAA's strict language favoring the gun manufacturers.

The case in Michigan was a 1977 lawsuit by the family of a 12-year-old against a company that manufactured slingshots. The boy was injured when he was struck in the eye by a pellet fired from a slingshot that richocheted off a tree.

The court allowed the case to go before a jury ruling that the company entrusted the slingshot to a class of people, in this case younger children, that made the ultimate accident foreseeable.

In this case, Koskoff argued instead of a slingshot Remington used marketing and product placement to purposefully target a "younger demographic of users" interested in the most dangerous and lethal use of their weapon.

The Hartford Courant has the story.

http://lawprofessors.typepad.com/tortsprof/2017/03/sandy-hook-plaintiffs-appeal-dismissal-to-state-supreme-court-.html

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