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Thread: Bushmaster is being sued by Newton families

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    Senior Member Justin's Avatar

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    Thumbs down Bushmaster is being sued by Newton families

    http://news.yahoo.com/families-newto...141435892.html








    HARTFORD, Conn. (AP) — The families of nine people killed in the Newtown school massacre filed a lawsuit against the maker and sellers of the Bushmaster AR-15 rifle used in the shooting, saying the gun should not have been sold for civilian use because of its overwhelming firepower.


    The lawsuit alleging wrongful death and negligence was filed in state court and announced on Monday — the day after the second anniversary of the shooting, which left 20 children and six educators dead and became a rallying point for gun-control efforts.

    In addition to Bushmaster, the defendants are Camfour, a firearm distributor, and Riverview Gun Sales, the now-closed East Windsor store where the gunman's mother purchased the Bushmaster rifle in 2010. Messages seeking comment from the defendants were not immediately returned.

    The complaint says the gun allows shooters to inflict "unparalleled civilian carnage."

    "In order to continue profiting from the sale of AR-15s, defendants chose to disregard the unreasonable risks the rifle posed outside of specialized, highly regulated institutions like the armed forces and law enforcement," the plaintiffs wrote in the complaint.

    The so-called AR-15 rifle was first built by Armalite for military use, but the design was later acquired by Colt, which in the early 1960s began marketing the semi-automatic AR-15 rifle as the civilian version of its fully automatic M-16.


    Many other companies have since begun manufacturing and selling AR-15-type rifles. The weapons are popular in shooting competitions due to the light weight of the gun and ammunition and the weapon's accuracy.

    Bill Sherlach, whose wife, Mary, was killed in the shooting, said he believes in the Second Amendment but also that the gun industry needs to be held to "standard business practices" when it comes to assuming the risk for producing, making and selling a product.

    "These companies assume no responsibility for marketing and selling a product to the general population who are not trained to use it nor even understand the power of it," he said.

    A 2005 law shields gun manufacturers from most lawsuits over criminal use of their products, but it does include an exception for cases where companies should know a weapon is likely to be used in a way that risks injury to others. A lawyer for the Newtown families, Katie Mesner-Hage, said the lawsuit appears to be the first of its kind against a manufacturer to claim that exception.

    "I think it has the potential to have wide-ranging effect with respect to this particular gun," Mesner-Hage said of the AR-15.


    Marc Bern, a New York City attorney, represents many victims of the 2012 mass shooting at a movie theater in Aurora, Colorado, where 12 people were killed and 70 injured. He said the 2005 law was a barrier to legal action for his clients, and he believes the Newtown families will have a difficult case to prove.

    "There's no way that they can anticipate something like this can happen," Bern said about Bushmaster.

    The plaintiffs in the case stemming from the Sandy Hook Elementary School massacre include the families of Sherlach, Vicki Soto, Dylan Hockley, Noah Pozner, Lauren Rousseau, Benjamin Wheeler, Jesse Lewis, Daniel Barden, Rachel D'Avino and a teacher, Natalie Hammond, who was injured and survived.

    The lawsuit seeks unspecified monetary damages.

    Nicole Hockley, the mother of 6-year-old Dylan, and Mark Barden, the father of 7-year-old Daniel, appeared at a news conference Monday morning with U.S. Sens. Richard Blumenthal and Chris Murphy. They declined to comment on the lawsuit as they pushed for new laws to restrict access to weapons and improve mental health treatment.

    "My little Daniel's death was preventable," Barden said. "Dylan Hockley's death was preventable."

    The Newtown gunman, Adam Lanza, shot and killed his mother, Nancy Lanza, on the morning of Dec. 14, 2012, before carrying out the rampage at the school. He committed suicide as police approached.



    I didn't know about an exception to the law that's supposed to shield manufacturers from lawsuits like this. Can anybody chime in on how much of a chance this lawsuit has of being successful because of this stupid exception?
    Last edited by Justin; 12-15-2014 at 07:46 PM.

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    Senior Member BISHOP's Avatar

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    But the gun used was a shotgun. It was the media and corrupt coroner that said it was an AR15.
    You can clearly see in the vids the police removing the AR from the car's trunk AFTER it was all over.


    BISHOP

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    Forum Administrator Schuetzenman's Avatar

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    They're pissing in the wind trying to get rich off of their loved ones demises.

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    I feel for their loss, but attacking an innocent company is the worst way to react, especially when it smells of lawyer greed.

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    Contributor 02/2014 FunkyPertwee's Avatar

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    The modern Bushaster is owned by the conglomerate that owns Remington. This isn't the same small business that was sued following the D.C. Sniper killings. The old small business that was once known as Bushmaster now goes by the name "Windham Weaponry".
    "I'm fucking furious, I'm violently angry, and I like it. If you don't know what that feels like then I feel bad for you"

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    As I recall there was a Federal law passed a few years ago to shield legal gun makers from this bull.

    As soon as it gets to a judge who doesn't think his personal opinion of the woes of the world are up to him to solve, it gets pitched.

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    Senior Member ubersoldate's Avatar

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    Quote Originally Posted by Schuetzenman View Post
    They're pissing in the wind trying to get rich off of their loved ones demises.
    This.

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    Administrator Krupski's Avatar

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    Duplicate: http://www.gunsnet.net/showthread.ph...lawsuits-begin

    Two threads about people suing Bushmaster over a hoax.

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    damn uber I like that new avatar.
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    **Team GunsNet SILVER 12/2014** skorpion's Avatar

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    Bill Sherlach, whose wife, Mary, was killed in the shooting, said he believes in the Second Amendment but
    Gotta love it whenever someone throws the ol' but in there when talking about the 2A. - "I support the Second Amendment, BUT, I actually don't."
    The pen is mightier than the sword, but only when you're shoving it through your enemy's throat.
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    Team GunsNet Gold 07/2012 / Super Moderator Gunreference1's Avatar

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    Supreme Court Denies Cert in Remington Suit, Connecticut Case Will Go Forward

    https://www.thetruthaboutguns.com/br...QQLT07iBp6vBWo

    Steve
    After today, it's all historical.

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    Administrator imanaknut's Avatar

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    So the US Supreme Court kicked it back down to the Constitution State's supreme court. Guessing that either someone didn't dot all their "i" or cross their "t", or the lawyers haven't made enough money yet.

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    Team GunsNet Silver 12/2011 N/A's Avatar

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    No, they didn't kick it back down to the State's Supreme Court. By refusing to take the case, they let the ruling stand. Therefore, the lawsuit will go forward.
    No enemy of America would have ever been killed if they didn't show up to be killed. HDR

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    Administrator Krupski's Avatar

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    Quote Originally Posted by Justin View Post
    http://news.yahoo.com/families-newto...141435892.html








    HARTFORD, Conn. (AP) — The families of nine people killed in the Newtown school massacre filed a lawsuit against the maker and sellers of the Bushmaster AR-15 rifle used in the shooting, saying the gun should not have been sold for civilian use because of its overwhelming firepower.
    Bushmaster should be sued if their product DOESN'T work.

    An AR-15 is not a rifle with "overwhelming firepower"... in fact a 5.56 caliber rifle is illegal for deer hunting in some states because the round is too small and will only injure a deer unless a perfect kill shot is made.

    I also can't figure out the complaint that an AR-15 is "designed to kill". No kidding. Every firearm is designed to kill. Target shooting just trains the person to kill more accurately and effectively if (God forbid) lethal force is necessary for self defense.

    As far as I'm concerned, I am tired of the constant anti gun crap. I intend to "cling to my guns" and ignore the whiners. If they want to confiscate my stuff, all I can say is bring a broom for the brass and body bags, 'cause I'm not surrendering anything. Come try and take it.

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    Administrator Krupski's Avatar

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    Quote Originally Posted by BISHOP View Post
    But the gun used was a shotgun. It was the media and corrupt coroner that said it was an AR15.
    You can clearly see in the vids the police removing the AR from the car's trunk AFTER it was all over.


    BISHOP
    Yeah I saw that. The weapon in the trunk was CLEARLY a Saiga-12.

    It's really sad that Sandy Hoax triggered so much anti-gun sentiment.

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    Administrator Krupski's Avatar

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    Quote Originally Posted by Schuetzenman View Post
    They're pissing in the wind trying to get rich off of their loved ones demises.
    That assumes that someone actually died during Sandy Hoax. I don't for one second believe that it was anything but a poorly produced hoax to further the gun grabber agenda.

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    Administrator Krupski's Avatar

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    Quote Originally Posted by rktman View Post
    I feel for their loss, but attacking an innocent company is the worst way to react, especially when it smells of lawyer greed.
    I wonder what Robbie Parker "lost" to make him smile and laugh when he thought the cameras weren't rolling yet?

    Bad enough that Sandy Hoax was a fictional made for news production, but the pathetically poor acting is an insult even to those who watch "Survivor".

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    Team GunsNet Gold 07/2012 / Super Moderator Gunreference1's Avatar

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    Why the Remington Case Cert Denial Matters More Than You Think

    https://www.thetruthaboutguns.com/wh...ZFmlejWhcaU1N8

    Steve
    After today, it's all historical.

  19. #19
    Administrator imanaknut's Avatar

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    Can't wait for this to go further, suing GM for high-powered Camaros and Corvettes. Suing Ford for Mustangs with twice the horsepower than any child could ever need. Same with Chrysler and every other auto manufacturer making fun vehicles.

    And how about suing manufacturers of alcoholic beverages for drunk drivers? Tried that once and that led to the first 2nd amendment infringement which now is legal since it is a tax per that "conservative" chief justice.

  20. #20
    Senior Member NAPOTS's Avatar

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    Quote Originally Posted by imanaknut View Post
    Can't wait for this to go further, suing GM for high-powered Camaros and Corvettes. Suing Ford for Mustangs with twice the horsepower than any child could ever need. Same with Chrysler and every other auto manufacturer making fun vehicles.

    And how about suing manufacturers of alcoholic beverages for drunk drivers? Tried that once and that led to the first 2nd amendment infringement which now is legal since it is a tax per that "conservative" chief justice.
    Ban automatic transmissions that shift through multiple gears with a single press of the gas pedal

    Ban high capacity beer containers

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