Posted on 09/08/2004 7:37:36 PM PDT by Pharmboy
SEATTLE (AP) - The manufacturer and dealer of the rifle used in the Washington, D.C.-area sniper shootings have agreed to pay $2.5 million in a settlement with victims' families, a lawyer said Wednesday night. The settlement with Bushmaster marks the first time a gun manufacturer has agreed to pay damages for negligent distribution of weapons, said Jon Lowy, a lawyer with the Brady Center to Prevent Gun Violence. He also said the settlement with Bull's Eye Shooter Supply is the largest against a gun dealer.
"These settlements send a loud and clear message that the gun industry cannot turn a blind eye to how criminals get their guns," said Lowy, who helped argue the case.
Bushmaster Firearms of Windham, Maine, agreed to pay $550,000 to eight victims of the sniper shootings. Bull's Eye Shooter Supply of Tacoma agreed to pay $2 million.
Defense lawyers did not immediately return calls for comment.
A judge will determine how to divide the settlement among two people who were injured in the shootings and the families of six people who were killed.
John Allen Muhammad, 43, was convicted and sentenced to death for murder in one of the 10 fatal shootings in October 2002 in the Washington, D.C.-area. His co-conspirator, 19-year-old Lee Boyd Malvo, was tried separately, convicted of murder in a different death and sentenced to life in prison without parole.
AP-ES-09-08-04 2210EDT
They are businessmen, they must watch their bottom line. They had to weigh the cost of settling with against the cost of litigating, pluse the risk of losing and paying a much larger award. Lots of stuff to balence.
That said, I certainly wish they hadn't caved. Even though they probably had some weasleword about not accepting any guilt in the settlement paperwork, this sends the message that they were responsible. It also encourages others to go for the perceived "deep pockets" of the arms industry.
This is not a Good Thing. We could win the AWB battle, and not have any guns to buy because the manufacturers have been sued out of business.
WTF? How is Bushmaster liable? Jeez.
I would agree with your answer to my question
Settlements mean nothing. They represent that it's cheaper to pay off the plaintiffs than pay the lawyers...
Oh, that's right. He's going to be a real conservative in the next term.
Do I have this right? If someone steals a car from a new car dealer's lot and kills someone, the manufacturer is responsible?
Are you nuts?
How can you write your last sentence if you believe your first one?
You don't sound like a libertarian to me.
The sad reality is that the likely jury pool was from the DC/Metro area - translation, huge jury verdict for the plaintiff's regardless of the law.
The liberal urban juries love to take money from the evil corporations and give it to the victim's and their families. And that is just a general rule in a lawsuit.
Add to the mix the fact that the defendant's are evil gun manufacturers and distributers and you have a disaster in the making. This settlement was negotiated by the Insurance Company's lawyers, not by Bushmaster's management. Settlements of lawsuits rarely reflect the validity of the claim and whether it could survive in a legal analysis based on tort principles and devoid of emotion. (Hence the need for tort reform.)
And no, Bushmaster truly is not responsible, if they decide not to provide their merchandise to a licensed dealer they open themselves up to all sorts of lawsuits by the dealer. Since the dealer was approved by the BATFE the Feral Government should be the entity paying out the money for the settlement.
Oh, that's right, we serfs can't sue the government...
Wasn't that then an assault vehicle, or at the least a getaway car???
I like your suggestions, but I really doubt that Bush will get any honeymoon period.
Now if only Buick would pay up - after all, it was they who made a car that could be converted to a sniper's nest with only a few simple tools. They had every reason to know that the car may be used in a crime, but sold it anyway.
Press Release:
September 8th, 2004 5:54PM est
Bushmaster Firearms is pleased to announce a conclusion to the DC sniper case brought by the victim’s families and the Brady organization. The balance of the insurance policy not spent on legal fees, approximately $550,000, will go to the victim’s families for their grief.
Bushmaster reaffirms its commitment to BATF requirements and National Shooting Sports Foundation’s (NSSF) goals.
Bushmaster supports that FFL Dealers and Distributors who sell its products follow the recommendations of the BATF newsletters and the National Shooting Sports Foundation (NSSF) publication “Don’t Lie for the Other Guy” program and their other safety literature.
Bushmaster supports the standards set forth by the BATF in their requirements to be a licensed FFL holder.
Richard E. Dyke
Chairman
Bushmaster Firearms, Inc.
Windham, Maine
Excellent point.
I suggest that you follow the whole debate and not just the one question asked to provoke further debate.
Probably on the advice of lawyers. They cheaped out, the settlement was a fraction of what mounting a defense would have cost. They obviously didn't care what message this sent or how it would affect the industry.
Their eyes are focused on big sales come September 14 and they didn't wish to be sidetracked by legal woes.
Just my 2 cents.
Boycott Bushmaster out of existence.
Thanks for finding that. I feel a little better about them now. It's too damn bad that the Defense of Commerce act failed to pass to stop crap like this.
I read the thread. I got to your question and in turn questioned your statement and beliefs to provoke further debate.
It looks like we both failed.
I think the response in # 40 and my reply in # 43 sum it up.
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