Posted on 02/06/2002 11:44:28 AM PST by inflorida
This just reported on Fox news. A 10 year old child in Pennsylvania was accidentally shot in the head during a school demonstration by an off-duty cop.
The child is expected to survive.
I'll bet your daughters class enjoyed their presentation more than the one in Germantown..... (sorry, tragic story but your comment was funny)
Yes, I bet the gun was black plastic too. Or is that racist? Maybe it was stainless steel. But CERTAINLY it was one of those assault weapons.
Why, the other day, in my neighborhood, there were so many guns on the street, they put out my left front and right rear tires simultaneously. We HAVE to get all the guns off the street!!!
Luckily, the kids not dead.
So kiss me, you fool!
We review in this appeal a district court's decision to set aside a verdict in favor of a defendant in a wrongful death action after the court discovered that defendant's in-house counsel participated in a scheme to defraud the court. The court ordered a new trial over defendant's objection that its conduct did not rise to the level of fraud upon the court, and even assuming that it did, that a new trial should be limited solely to the issue of liability. We agree with the district court that defendant's actions constituted fraud on the court, and that a new trial on all issues is appropriate. Accordingly, we affirm.
Melvin Sparks was killed when he dropped a Thompson P.C. Contender handgun and it fired, sending a bullet through his heart. Sparks' widow and children ("Sparks") brought a wrongful death action against the gun manufacturer, K.W. Thompson Tool Company ("Thompson"), alleging that the gun's internal and external safety devices were engaged at the time of the accident, but that the gun nevertheless fired when dropped.
At trial, Thompson introduced a videotape ("trial video") showing the Contender dropped from various heights and angles. The trial video shows that during the tests, the safeties performed as designed, and the gun never fired. Thompson's production manager, Kendrick French, conducted the tests. Also present were Thompson's vice president and general counsel, Edward Bartlett, and Thompson's president, Robert Gustafson. The jury found that plaintiffs suffered $100,000 in damages, but that the decedent was 80% contributorily negligent. The present action arises as a result of a subsequent, unrelated lawsuit in which another plaintiff claimed injuries resulting from a dropped Thompson Contender. In this lawsuit, a second video ("original video") was produced during discovery, showing that the Contender fired when dropped during testing. This video was prepared by Thompson on the same day as the trial video, but was never produced during the Sparks litigation. A magistrate judge conducting a settlement conference in the later lawsuit learned that the original video was never produced in Sparks, and that Thompson's expert witness, Kendrick French, testified several times in Sparks that he had conducted drop-tests of the Contender but it had never fired. The magistrate judge reported these facts to the federal District Court in Idaho; Sparks' attorney was thereafter informed.
Sparks filed this independent action pursuant to Federal Rule of Civil Procedure 60(b), seeking to set aside the Sparks verdict. The district court granted summary judgment in favor of Sparks on the ground that Bartlett was an officer of the court and had committed fraud upon the court. The district court further held that even if Bartlett was not an officer of the court, the conduct was sufficient to constitute fraud upon the court. The district court set aside the verdict, ordered a new trial, and awarded attorney's fees.
I have been dealing with fraud upon the court by a number of public officials, so I knew about this particular case.
How else would you know what time it was ..
This must be as dumb as it sounds.
It's ok .. I'm still amazed this idiot shoot a child .. and yes they did .. they learned alot .. like don't point guns at ANYONE
I have no idea how much, if any, newspaper coverage this got. Probably none from the stInquirer. The Philly Dail News may have something on it.
The Glock is no less safe than any other design, and no more safe. My Glocks go "BANG" each and every time I pull the trigger, but only when I pull the trigger.
I feel comfortable carrying a Glock, but I also feel comfortable carrying a 1911 "cocked and locked" something that makes many (ignorant) observors cringe. Of course, I take the time to properly train with all of my weapons, and also observe all safety rules. I can assure you that while it is possible to accidently shoot a child with any handgun, I will never accidently shoot any child with any handgun, to include a Glock.
Many shooting organizations promulgate incredibly long lists of safety rules. (I have seen posted lists of up to 20 rules!) They no doubt do this for political correctness, and to avoid litigation based on "You didn't tell me....," or to simply make them look impressive. However, one can insure safety with just four simple rules. (NRA please take note.)
Always remember, safety is a state of mind and not a device!
These four rules, if followed explicitly, will guarantee firearms safety. Memorize them and heed them. Always!
(1) All firearms are loaded. - There are no exceptions. Don't pretend that this is true. Know that it is and handle all firearms accordingly. Do not believe it when someone says: "It isn't loaded."
(2) Never let the muzzle of a firearm point at anything you are not willing to destroy. - If you are not willing to see a bullet hole in it do not allow a firearm's muzzle to point at it. This includes things like your foot, the TV, the refrigerator, the dog, or anything else that would cause general upset if a hole appeared in it..
(3) Keep your finger off the trigger until your sights are on the target. - Danger abounds if you keep your finger on the trigger when you are not about to shoot. Speed is not gained by prematurely placing your finger on the trigger as bringing a firearm to bear on a target takes more time than it takes to move your finger to the trigger.
(4) Be sure of your target and what is behind it. - Never shoot at sounds or a target you cannot positively identify. Know what is in line with the target and what is behind it (bullets are designed to go through things). Be aware of your surroundings whether on a range, in the woods, or in a potentially lethal conflict.
The fifth, unwritten, but implied rule is: Take nothing for granted. Check everything by sight and touch.
Tragedies could be avoided if everyone involved with firearms followed these rules all the time.
Nonsense. You can throw the damn thing against a wall as hard as you can and it won't go off.
You're right about it not having a safety, but the only way it goes off is if the trigger is pulled. Period.
Criminals and Tyrants just love disarmed peasants.
Why can't liberals learn from history?
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