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.
Sounds like a "dead man switch" in more ways then one.
Regards,
GtG
geez and I only have one bullet...and now its gone..Andy!!!
geez and I only have one bullet...and now its gone..Andy!!!
One of my favorite shows. I still watch the re-runs.
One of my favorite shows. I still watch the re-runs.
We will bring Big Leather to our knees. Er, to its knees, that's it, bring big leather to ITS knees. The first seemed kinda kinky....
some cops are loathe to "practice" shooting.....a few years back, there was a mighty shoot-out locally, and one cop ended up "shot" supposedly by the criminals.....guess what?.....it was a female cop in this case.....but her "shot" came from her gun.....LOL....of course, that isn't a public information...too embarressing ...
In this passage, the "5 1/2 inch strap" is a euphemism for "his finger".
There are two causes of firearms incidents, carelessness and ignorance. I think both came into play for this induhvidual.
Either that, or he had his finger on the trigger when he pushed his handgun into the holster.
My bet is that the jury will figure out pretty quick which was actually the case.
>>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..."
Ask and ye shall receive:
http://www.putfile.com/media.php?n=03084899
And absolootezer0, you're spot on. I actually managed to get a letter printing in the local big city newspaper, taking them, and a local PD, to task for their idiocy in terminology, while reporting on a *negligent* (not accidental) discharge in a police evidence closet, involving a shotgun taken from some crime scene.
I would encourage you to drop the term "AD", and adopt "ND".
"Accident" to me implies "it just happened, it was beyond human control." Both of us know that 99.99% of the time, that isn't the case. "Negligent" tells the real story.
Gotta get by the safety first. That little "trigger tit" safety on a Glock is bad news. You draw fast and your finger is anywhere near it, the damn thing could go off. With a 1911, at least you gotta make some substantive movement of the external safety. No comparison between the two and I own about 4 of both kinds.
My Sidekick holster has about a 5 1/2" strap on it, but I'll be darned if I can figure out how to get it stuck between the guard and the trigger.
By any chance, your real name isn't Rodney King is it? Ha ha......
The real problem with most negligent discharges is the cop stops shooting too soon. ;)
Might have been a good idea to decide which store he bought the gun from, BEFORE filing suit. How is anybody supposed to believe than he can accurately remember what caused the gun to go off?
Right on about one "minor" infraction - I'm struck by the profound difficulty in just keeping the first one adequately. Thank God that his mercy endures forever!
shalom
See post #79
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