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.
can I put my bullet in Andy?
Why? Should I only carry 5 rounds in my wheel gun? Should I carry empty pipe, and when needed take the extra time to chamber a round?
Any handgun, or long gun for that matter, has the potential to ND. Shouldn't the user at sometime in their lives have the responsibility to actually know WTF they are doing?
Jumping on Glocks makes me think you are either uninformed or just don't like the ugly little black pistols. Saying that 'to carry any DA with one in the chamber is a very bad idea' is ridiculous.
... and there's no fixin' stupid!
"He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."
I carry a concealed firearm (Kahr K9) and it's hard to see how a 5 1/2 inch strap could have wedged itself inside the trigger guard. I've never heard of such a problem and other than mishandling the weapon I can't see how it would even be accidentally possible. I suppose there is a remote chance, but the stupidity factor is very large here.
Gee whiz, give a guy a break, willya? I've been doing it for ten years and still haven't learned ;)
We have a winner.
"Adequate" instructions in this case would have had to include "excuse me sir, but are you a dumbass? Because we can't sell you this holster if you're a dumbass..."
see my post 26. i have no problem with competent people carrying with a round chambered. i just don't think cops should.
And that's what I'm figuring is the problem here, not the holster. In just the last couple of years here we've had cops with NDs as a direct result of unholstering with their finger on the trigger, something you can often get away with using wheelguns, less so with autos.
Of course, it's much easier (not to mention potentially profitable) to blame the equipment.
There were also some that would thin the front of the trigger guard, an equally bad idea.
Any bets on whether there are some individuals out there that have done both?
If he was carrying a 1911 45 ACP he would not have shot himself despite his stupdity. The 1911 is perfection in steel.
He did not, however, blame anyone or anything but himself for his foolishness. If he'd even thought about suing someone,I would have kicked his behind for sure.
He's now probably about the safest person I know when it comes to handling guns.
incidently, i have no problem with glocks. but they are the most common police carry gun. and there are tons of stories of cops and glocks and the most common cause of ND with them is due to improper holstering with a round chambered.
Bwahahahaha!
Knowing WTF you're doing is not considered Politically Correct.
If you know WTF you're doing, you have actually earned a measure of self-esteem and therefore cannot be granted it by a liberal.
Reholstering is not something that needs to be accomplished with speed, but deliberation.
something is wrong with the idea he is going to sue two stores, knowing one of the stores was uninvolved. Am I correct in thinking that if it is ever determined which store he bought it from the other store is going to have a clear cause of action against him and his attorney for their legal fees and time?
ROTFLMAO! Cue up the video of the DEA moron shooting himself in front of the school kids... ""I am the only one in this room professional enough to handle..."
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