(flashback from the past :) )
Posted on 02/23/2016 8:07:07 AM PST by VRWCmember
(CNN) -- To hear Jackie Barden and David Wheeler describe their lives today is a master class in hope.
On December 14, 2012, Barden's youngest son, 7-year-old Daniel, and Wheeler's son, 6-year-old Ben, were among those killed at Sandy Hook Elementary School in Newtown, Connecticut.
"(My husband) Mark and I still have a great life, and we really have to remember that," Barden said, adding that their two children bring the family an enormous amount of love and strength. "We are fortunate with what we have with the two of them."
.... "Our families deserve that day in court," said Joshua Koskoff, an attorney representing nine victims' families and a teacher who survived. "We believe they should be accountable to their fair share of responsibility." .....
(Excerpt) Read more at cnn.com ...
Joshua Koskoff -- and ANY attorney who files a lawsuit like this which CLEARLY VIOALTES federal law -- should be disbarred and then fined into the poor house.
$$$
The case has the potential to make history if it goes to trial. A 2005 federal law, the Protection of Lawful Commerce in Arms Act, grants gun manufacturers immunity from any lawsuit related to injuries that result from criminal misuse of their product — in this case the AR-15 rifle.
“It’s always been a big uphill battle for plaintiffs to sue the gun industry,” said Georgia State University law professor Timothy Lytton. “It was even before the immunity (legislation), and it’s an even bigger one now.”
One exception to the immunity legislation is what’s called “negligent entrustment.”
Does any survivor of a knife attack ever sue the knife maker?
Does any survivor of a hammer attack ever sue Craftsman or other hammer makers?
Does any survivor of a drunk driver sue GM or Miller/Busch/Coors or Jack Daniels? Or the car dealership?
Nope
We know why. It's because the legal system is broken, and permits this sort of nonsense.
(flashback from the past :) )
Will the victims of a SWAT raid at the wrong address be able to bring suit on the same grounds?
I have at least one copy of “Billy and the Boingers Bootleg” somewhere at home.
Thhppt!
Something along those lines has happened in Georgia.
"Say a gun retailer handed a gun to a visibly intoxicated person, then they're not subject to the immunity," said Lytton, who studies gun industry litigation.A very specious argument by this attorney that the marketing of the product is a form of negligent entrustment. Taken to its logical conclusion, this argument should result in lawsuits against every car manufacturer that features fast driving in its advertisements for all the deaths from highway accidents.You might ask: Since Remington did not come into direct contact with the shooter -- that happened at a gun retailer -- how would that apply? The lawsuit argues that the way in which the company sells and markets a military-style weapon to the civilian market is a form of negligent entrustment.
How about suing your government and school system for not keeping them safe?
How did that turn out?
Remember the Harry Pitts Band?
"Is George really a boy? Is Barbara realy a Goy?"
:)
“One exception to the immunity legislation is what’s called “negligent entrustment.” “
The usual path that a firearm takes is from the manufacturer (who is being sued here), to a wholesaler, then to a local gun shop (which runs a background check on the buyer). They should ALL be immune from being sued, because they are either 1 or more steps away from the final user or, in the case of the gun shop, they’ve run the person through a check that is supposed to ensure that they are NOT being negligent in trading money for the firearm.
Oh, and in this particular case, the murderer stole the gun from his mother (the buyer), murdered her, transported the gun to a school zone, loaded it, and proceeded to discharge the firearm within city limits, shooting a bunch of people and killing something like 20 of them. So how on Earth does a court get from a guy who committed at least 6 separate crimes (with his first shot) plus at least 2 additional crimes with each additional shot), to “the manufacturer is guilty of negligent entrustment?” This is, as usual for these things, a case without a scintilla of merit. The attorney should be brought up on disciplinary charges for a violation of the CT Bar’s ethics rules.
Could it be it was poorly build to protect kids?
What if a car dealer sales a car to a person with numerous DUIs on their record?? Guilty for not checking their background?
What if the government knowingly allowed illegals into the country and they killed someone. Should that elected official be allowed to be sued in court????
I’d have to check.
So someone steals my car, they kill someone with the car in a traffic accident and the victim's family sues GM for Negligent entrustment?
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