Accidental Death Suit Goes to Jury

Contra Costa Times ^ | Dec. 16, 2003 | Brian Anderson

[.38sw]

OAKLAND - Jurors will begin their first full day today discussing whether one of the world's largest gunmakers should pay millions to the parents of a Berkeley teenager accidentally shot to death by a friend.

A lawyer for Lynn and Griffin Dix urged an Alameda County jury Monday to hold Beretta USA responsible for selling a gun that was used to kill Griffin "Kenzo" Dix in 1994.

Dix died after his best friend, Michael Soe, shot him in the chest with his father's Model 92 Compact L handgun. Michael, then 14, had replaced a full magazine in the gun with an empty one, but failed to check for a bullet in the chamber.

In an instant that May 29 afternoon, Kenzo Dix, 13, was dead.

[.38sw]

Dix died after his best friend, Michael Soe, shot him in the chest with his father's Model 92 Compact L handgun. Michael, then 14, had replaced a full magazine in the gun with an empty one, but failed to check for a bullet in the chamber.

It's Beretta's fault that young Michael pointed a weapon at his friend Griffin and pulled the trigger. It's also Beretta's fault that, although the firearm had a loaded chamber indicator, it wasn't obvious enough to stop someone from aiming the weapon at another human being and pulling the trigger.

They showed jurors sections from the gun's manual stating there was no need to open the slide at the top of the gun to look for a bullet in the chamber because the indicator would do the job.

I do, however, find this to be extraordinarily bad advice.

I posted an excerpt, because when I attempted to posted the entire article, an intercept informed me that articles from this paper must be excerpted.

[HiTech RedNeck]

I do, however, find this to be extraordinarily bad advice.

I suppose the indicator could fail. But even if it didn't, it's only an indicator. It has to be checked. Beretta has no responsibility if the indicator operated as designed but Michael didn't check it properly.

[.38sw]

Beretta has no responsibility if the indicator operated as designed but Michael didn't check it properly.

Agree. I have a .40 handgun with a loaded chamber indcator. I ignore it. Instead, I always check the chamber visually. But, I think it was stupid of Beretta to put the sentence in their manual. It violates the basic rules of firearm safety.

[Fudd]

It was the second time an Alameda County jury heard the case. The Dix case first went to trial in the fall of 1998, ending in a verdict favoring Beretta after a little more than two days of deliberations. The decision was later overturned on appeal, though, after some jurors said they felt bullied by a juror who had sided with the gun distributor from nearly the beginning.

Ah, the liberal/socialist/facist "justice" system. If you don't like the verdict, find a way to re-try. After all, some trial lawyer was shafted on the first verdict.

[Atlas Sneezed]

Bang

[Spok]

If all firearms are treated as though they're loaded, an indicator isn't necessary. The problem is that by designing and installing such an indicator, the company tacitly admits that it's necessary, opening itself up to the allegation that it's inadequate.

[longtermmemmory]

Every gun safety anything always has "assume the gun is loaded" as lesson one. (My grandfather taught me that with his front loader shotgun.)

Even empty guns should be treated as if loaded. It is just common sense.

In FL the jury decision which held a gun maker liable was reversed on appeal. The gun maker then made a motion for attorney's fees and court costs as entitled by law.

These lawyers are just fishing for a jury.

We need a rule of law that is in essence is a "dumb sh*t" rule.

[HiTech RedNeck]

Thus, convenience features are litigated out of countless American sold products. Real farsighted, that.

[baltodog]

Three rules that my father taught me and I teach my kids with their BB guns:
1)Treat every gun as if it's loaded.
2)Know your target.
3)Intend to put a hole wherever you point your weapon.

Perhaps if it had been a head shot, no one would be no worse for the wear since there were no brains involved.

[.38sw]

It was the second time an Alameda County jury heard the case. The Dix case first went to trial in the fall of 1998, ending in a verdict favoring Beretta after a little more than two days of deliberations.

The decision was later overturned on appeal, though, after some jurors said they felt bullied by a juror who had sided with the gun distributor from nearly the beginning.

This is the second jury these lawyers have had. It'll be interesting to see how this jury decides the case. Never, never, never give up - there must be a payday here somewhere...

[Bloody Sam Roberts]

replaced a full magazine in the gun with an empty one, but failed to check for a bullet in the chamber.

but failed to check
but failed to check
but failed to check
but failed to check
but failed to check

Then how exaclty is this the manufacturer's fault?

[300winmag]

It's Beretta's fault that young Michael pointed a weapon at his friend Griffin and pulled the trigger. It's also Beretta's fault that, although the firearm had a loaded chamber indicator, it wasn't obvious enough to stop someone from aiming the weapon at another human being and pulling the trigger.

According to a three-day front-page feature on "gun safety" in the Detroit News, that incident could not happen, because Beretta has all the "common sense" safety devices they are pushing for. Maybe this happened in an alternate universe. Then, to top it off, they had a dihonest editorial demanding federal oversight of firearms manufacture, and insisted it was not "gun control".

The thesis of the series was that technology must be applied to make careless gun handling safe. Most of the examples they gave indicated gross negligence on the part of the shooter. The finest firearms in the world, with the best design and construction, cannot empower an idiot to continue in his negligence without fatal consequences, sooner or later.

The fact that the newspaper gave no significant opinion to the contrary from knowledgeable designers and shooters indicates the depth of the dishonesty of their hack job.

[longtermmemmory]

This smacks of tell a jury they came back with the "wrong" decision.

Either way this will be appealed.

[.38sw]

that incident could not happen, because Beretta has all the "common sense" safety devices they are pushing for.

Ah, but does Beretta have a magazine disconnect on their firearms? That's another "common sense" safety feature that is being called for. In fact, the Kali legislature has passed a law requiring both loaded chamber indicators and magazine disconnects in handguns. I'm looking forward to the complete cessation of shootings such as occured in this case.

[stands2reason]

Don't forget--don't put your finger on the trigger until your target is in sight. And to be aware of what's behind the target.

[drypowder]

A tragic accident for sure but this law suit sounds like another attempt at creating a Social Liberal Utopia! Logic and common sense makes a survivor, not emotion. Somehow these people fail to see that.

[300winmag]

I'm looking forward to the complete cessation of shootings such as occured in this case.

Ironically, the article had a graph showing the numbers of negligent killing and wounding declining every year since 1993, the year they chose as a starting point. So things are trending downward, despite their pleas for federally-mandated "safety features".

[dmanLA]

Here's one for the gun-grabbers.

We need a safety device that prevents the gun from being fired if there is a round in the chamber! It's for the children...(sarcasm off)

Like others have said before...

ALWAYS ASSUME THE GUN IS LOADED...ALWAYS!

[teeman8r]

if a liberal bullies other jurists in deliberation, is it then considered bullying...

twelve angry men, the sequel could turn into 23 million angry armed men...

on a side not, there are three words in the english language that end in -gry... i've got two of them, angry, hungry, am stumped on the third...

teeman, angry and hungry...

[.38sw]

twelve angry men, the sequel could turn into 23 million angry armed men...

Don't you think that there will be some angry armed women in that group?