Posted on 06/06/2006 10:20:48 AM PDT by real saxophonist
May 24, 2006
Gun's holster is blamed for officer wounding himself
Richmond officer sues two Chesterfield gun shops seeking $1.2 million over accident
By Greg Pearson STAFF WRITER
A sergeant in the Richmond Sheriff's office is suing two Chesterfield gun shops for an accidental shooting two years ago when he shot himself in the hand. He alleges the holster is to blame.
According to the court filing, on May 9, 2004, while Sergeant Naitraj David was getting ready for a family trip to Kings Dominion, the gun discharged, hitting him in the left hand, "causing serious injury." He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."
According to the court filings, the gun shops were to "use reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."
From the gunshot wound, David "suffered physical pain, discomfort, mental anguish substantial expenses for doctors [and] lost earnings from employment" and is not able to perform his job as before.
The suit was filed against Town Police Supply on Courthouse Road in Chesterfield County while the suit against Southern Gun World on Midlothian Turnpike was filed in Richmond.
According to David's Charlottesville attorney, Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, David was unsure of where he bought the pancake-style holster, thus requiring two lawsuits.
"There is a slight chance the holster was purchased at Town Police, but I think the suit with Southern Gun will be the one that goes forward," said Slaughter. "Sergeant David is 95 percent sure he bought it at Southern Gun. It's ongoing litigation so I don't want to comment further."
When contacted, David said, "It's in my attorney's hands, so I have to follow his instructions."
"Our records indicate he didn't buy that holster from us," responded Karen Allen, owner of Southern Gun. She said David was also suing the manufacturer. "He'd better have a lot of money because G&G [Gould & Goodrich Leather, the manufacturer in Lillington, N.C.] has never lost a lawsuit."
Both suits against the retailers are similar and seek $1.2 million in damages with interest from two years ago plus legal costs. David, who is licensed to carry a weapon off duty and resides on Kentwood Forest Drive in Chester, wants a jury trial.
The owner of Town Police did not return a call from the newspaper.
It appears from the sound of his name that he was probably an affirmative action hire.........
That brought back a chuckle or two!
You know he's suing too don't you?
An empty gun is nothing more than a finely machined, well oiled club.
He obviously can't prove he bought it at either store. Both stores should have the case thrown out for that reason, plus ask for attorney's fees.
You can't sue someone who might not be involved just because you lost your paperwork. That's stupid.
There are only two reasons for it: Ignorance or Carelessness Whether you call it an AD or an ND ;
There were some misdesigned holsters made for Glocks (but not by Glock, IIRC) that were recalled because their design could cause the trigger to be depressed. However, the redesigned version is perfectly safe, as long as the wearer takes appropriate care.
A Glock is no more dangerous than a DA revolver, as long as the proper care is taken.
Mark
I disagree... If this Darwin Award finalist can accidentally shoot himself while holstering a Glock, the last thing I would want to do is give him a 1911! While IMHO, the 1911 is the finest combat handgun ever designed, it also takes A LOT of training and skill to handle one safely.
The simple fact is that it's really difficult to accidentally fire a Glock. You have to work hard to do it, by depressing the trigger. It's far easier to AD a single action semi-auto.
Mark
Actually, I know a number of people who have "pinned" them, effectively deactivating them. Typically, if they're NOT morons, they're highly trained competition shooters, who use a "high grip."
Many of the untrained shooters do it because of an incorrect grip. However, especially if a high beavertail has been installed, the high grip will not allow the grip safety to be depressed.
Because of this, a number of manufacturers, like Brown and Clark have released grip safeties designed to be used by shooters with high grips. They've got a "bump" that ensures the safety will be depressed, even if you have a high grip.
Mark
Because in the heat of a for-real gunfight you might not have a sufficiently-correct grip on the gun to depress the grip safety. With the result that the bad guy gets the first shot
Many people judge the thumb safety plus keeping your damn finger off the trigger is sufficient. My Glock has neither grip safety nor thumb safety
Actually, there are at least 3, when you include hardware failure, either through misdesign (very rare), or simple failure. I know someone who had a disconnector failure on a 1911. It caused the weapon to discharge all 9 rounds in one trigger pull.
Mark
I've never had an AD, but then I'm perfectly aware that it could happen if I don't stay vigilant.
At a weekly pin shoot, our senior RSO (Range Safety Officer) didn't check the chamber on his Ruger Mk2, and discharged it while putting it in the case, which was a tool box. Of course, he DID follow most of the safety rules, putting it away at the firing line, with the muzzle pointed down-range. Still, it scared the crap out of us. And at our annual Pin Match, we began having a special event, the "Ken ***** (name redacted) Memorial Toolbox Shoot!"
It can happen to anyone. I was also at the CO USPSA National match many years ago, and the "winner" of the women DQ'd because neither she nor the RSO actually checked the chamber before releasing the slide and dropping the hammer (on an empty chamber) at the end of her run... She had the winning time and score, but the DQ tossed her.
Mark
See my post 110
Mark
Thanks. Obviously, I see a big difference in the terms, and AD really annoys me.
I tend towards Glocks and Fobus Kydar paddle holsters with no straps. I don't have the retention issues to deal with, that LEO's do.
Now here's a case of a real AD, if the owner didn't cause it by his own inept "smithing". That would move this into the ND category, the way I look at this.
See the replied-to post.
If the safety rules are being followed, mechanical failures should not result in injury or property damage.
1. Always keep the muzzle pointed in a safe direction.
2. Always keep your finger off the trigger until ready to fire (sights on target).
3. Always keep the firearm unloaded until ready to use.
Obviously, one or more of these rules was not adhered to.
How much do you train with your 1911? I fire about 500 rounds a week. I carry daily. I envision a circumstance where maybe I won't get a grip that will deactivate that safety. I had a gunsmith pin it in. Never had a problem. Never will. But then, I'm an idiot that shouldn't have a pistol.
Jeff Cooper, too.
What did you do to correct the horrible trigger on your High Power?
Took out the stupid magazine disconnect, that was a big help.
Also put in a Wolf spring kit.
The magazine disconnect effects the trigger pull?
I'll order a spring kit as soon as possible. Thanks.
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