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Illinois family seeks to sue gun manufacturer over boy's death
Legal Newsline ^ | 8-30-09 | C. Rizo

Posted on 08/30/2009 12:10:48 PM PDT by Ja7430

WASHINGTON (Legal Newsline)-The family of an Illinois boy who was fatally shot by his friend have petitioned the U.S. Supreme Court to strike down a federal law that protects gun companies from most civil lawsuits.

The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

(Excerpt) Read more at legalnewsline.com ...


TOPICS:
KEYWORDS: banglist; beretta; guns; joshuaadames; lawsuit; supremecourt
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To: Beelzebubba

Did not render the gun safe?

Bullshit. The 92FS has a “loaded chamber” indicator on the top, right-hand side of the slide.

The kid’s daddy should be sued, not Beretta.


21 posted on 08/30/2009 12:35:27 PM PDT by CTOCS (Some people drink from the fountain of knowledge. Others just gargle.)
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To: Ja7430

If the kid had run out in front of a car would they sue Chevrolet?


22 posted on 08/30/2009 12:36:31 PM PDT by Venturer
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To: armymarinemom
This is why we have labels that tell you not to use your blow dryer in the shower.

I'm surprised my arc welder didn't have a similar warning.

23 posted on 08/30/2009 12:36:35 PM PDT by glock rocks (health care, gun safety and climate change are strawmen. It's all about CONTROL.)
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To: Ja7430
The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

That is like suing Boeing because one of their aircraft crashed into one of the twin towers.

24 posted on 08/30/2009 12:38:27 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Duckdog

That’s our rule, “It’s always loaded”


25 posted on 08/30/2009 12:39:02 PM PDT by Shimmer1 (Navy blue)
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To: mylife; Clint N. Suhks; Randy Larsen

Lawyers. Damn them to hell.
banglist *PING*


26 posted on 08/30/2009 12:39:20 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: Ja7430

A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

In an amicus before the Illinois Supreme Court, the Pacific Legal Foundation argued that neither the Cook County Sheriff’s Department nor Baretta should be held liable for the accidental death that was caused by unforeseeable conduct.

The lawsuit was ultimately rejected by the Illinois Supreme Court in March. The state high court ruled that because the trigger was intentionally pulled, an exemption in the 2005 federal law did not apply to the case.

Now, the Adames petition to the U.S. Supreme Court says states should be free to create their own laws when the authority has not been given to Congress.

“This case raises core issues of federalism and statutory construction that have confounded the lower courts, and require clarification from this Court: Does the Tenth Amendment permit Congress to dictate which branch of state government may authorize liability against a particular industry so long as the federal enactment does not ‘commandeer’ state officials?” the petition for review says.

http://www.legalnewsline.com/news/222630-illinois-family-seeks-to-sue-gun-manufacturer-over-boys-death


27 posted on 08/30/2009 12:39:59 PM PDT by kcvl
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To: 50cal Smokepole

Make that “some lawyers”
Sheesh


28 posted on 08/30/2009 12:40:20 PM PDT by 50cal Smokepole (Effective gun control involves effective recoil management)
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To: Beelzebubba

“...A lawsuit...claiming that the gun maker failed to warn
users that simply removing the clip did not render the gun safe...”
-
As though a 13 year old using the weapon
without permission or supervision from his father
would have read or headed any such warnings...


29 posted on 08/30/2009 12:40:48 PM PDT by Repeal The 17th (I AM JIM THOMPSON!)
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To: Duckdog

rule #2
keep your firearms locked up away from your children.


30 posted on 08/30/2009 12:40:54 PM PDT by PIF
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To: Venturer

shshsh... lose lips bring new classes of lawsuits...


31 posted on 08/30/2009 12:42:41 PM PDT by PIF
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To: armymarinemom
This is why we have labels that tell you not to use your blow dryer in the shower.

If God could sue, he would sue attorneys for these labels that screwed up his creative directive for weeding out idiots.

32 posted on 08/30/2009 12:43:00 PM PDT by EGPWS (Trust in God, question everyone else)
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To: Ja7430

The grief of the parents is understandable, but their anger is mis-directed.


33 posted on 08/30/2009 12:43:16 PM PDT by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: Ja7430

I think they should sue the movie makers for the repeatedly showing falsley that dropping the clip renders a gun useless.


34 posted on 08/30/2009 12:43:43 PM PDT by ColdWater
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To: Ja7430
"Court papers say Swan took the magazine clip out of the gun before firing it, but a single bullet that had remained in the chamber killed Adames."

~~~

From the Beretta 92FS Technical Specifications:

If Swan had driven himself and Adames in a perfectly-functioning auto off a cliff at 80 MPH -- because he ignored a 25 MPH curve warning -- would Adames' family be justified in suing the car manufacturer (or the road builder)?

No court should even consider hearing this case.

35 posted on 08/30/2009 12:43:47 PM PDT by TXnMA ("Allah": Satan's current alias...!!)
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To: Ja7430

Deputy Swan is the one at fault here on many levels in my opinion.

First, if you are going to have a weapon in your home you teach your children it is not a toy. How do you do that? Take them out and show them what a weapon will do. Teach them how to shoot it, what happens to a target when you do. It’s all about respect. You teach them not to put their hands on a burner on the stove, not to play with knives, matches, run out in the street, etc. Real guns are not like movie guns, people REALLY do bleed and die, and a demonstration is definitely in order. Pumpkins, watermelons, cantaloupes make good examples. If the child is small, ask him what would happen if that had been a person and not a pumpkin and then talk about it!

A man in law enforcement at any level especially ought to know to keep the weapon locked up if there are other children in the house. And, if you are going to take out the clip, you obviously have to make sure there isn’t a round in the chamber! I frankly don’t understand why you wouldn’t have a weapon loaded at all time myself.

One more point I’d like to make. If your children go over to a friend’s house, ask them if they have weapons and if they are secured.

I feel bad for the loss of a child, his family, and his friend and his family will be forever haunted by this tragic event. And now, the anti-gun bunch will use this to their advantage.


36 posted on 08/30/2009 12:43:49 PM PDT by Frangibled
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To: armymarinemom

I heard of some product, I don’t remember what, described as “only for indoor or outdoor use”! Guess they couldn’t think of anything to warn anyone of, and were afraid of the lawyers if they didn’t say anything.


37 posted on 08/30/2009 12:44:01 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Venturer

[[If the kid had run out in front of a car would they sue Chevrolet?]]

No- they’d probaBLY aue hte highway department for not painting “Running out in front of cars may be hazzardous to your health” all over hte pavement every ten feet or so, incase someone forgot the message i n the next ten feet


38 posted on 08/30/2009 12:45:16 PM PDT by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Grunthor
Did the weapon malfunction somehow?

Yes. It went home with an idiot.

39 posted on 08/30/2009 12:45:19 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Venturer
If the kid had run out in front of a car would they sue Chevrolet?

I bet they would, plus who built the road and the manufacturer of the shoes that he wore.

40 posted on 08/30/2009 12:45:55 PM PDT by EGPWS (Trust in God, question everyone else)
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