Judge to Hear Argument to Dismiss Lawsuit From Sandy Hook Victims’ Families Against Gun Manufacturer

On Monday afternoon, Feb. 22nd, Bridgeport Superior Court Judge Barbara Bellis will hold a hearing to determine whether or not a lawsuit should move forward, that was filed against companies that manufacture and sell the AR-15 rifle used in the 2012 Sandy Hook Elementary School massacre.  The lawsuit was filed by nine Sandy Hook victims’ families and an administrator who survived the Dec. 14th shootings.

 

Report by Paula Antolini
February 22, 2016 7:52 AM EDT

 

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Above image: Police evidence photo after the recovery of a Bushmaster rifle belonging to gunman Adam Lanza, gun used in in Sandy Hook Elementary School shooting, released by the state’s attorney’s office November 25, 2013.

Judge to Hear Argument to Dismiss Lawsuit From Sandy Hook Victims’ Families Against Gun Manufacturer

On Monday afternoon, Feb. 22nd, Bridgeport Superior Court Judge Barbara Bellis will hold a hearing to determine whether or not a lawsuit should move forward, that was filed against companies that manufacture and sell the AR-15 rifle used in the 2012 Sandy Hook Elementary School massacre.  The lawsuit was filed by nine Sandy Hook victims’ families and an administrator who survived the Dec. 14th shootings.

The lawsuit, originally filed in January 2015, names Freedom Group, the parent company of Remington and Bushmaster Firearms.

Gun manufacturers tried to move the case to federal court but were unsuccessful, so the lawsuit was on hold until now.

The attorney for the gun manufacturers, Scott Harrington of Stamford, CT, said that the blame for the massacre is on the shooter, not on the gun companies.  In a 24-page brief Harrington wrote, “Contrary to federal law, plaintiffs seek to hold the Remington defendants responsible for the tragic shooting at Sandy Hook Elementary School.” Harrington claims, “Adam Lanza’s criminal actions were the sole proximate cause of the deaths and injuries he inflicted.”  Harrington’s brief also states, “Plaintiffs claims that the Remington defendants design, marketing and sale of the firearm used by Adam Lanza caused their damages are plainly prohibited by the PLCAA.”

PLCAA is the “Protection of Lawful Commerce in Arms Act,” a United States law that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products.

The plaintiffs’ lawyers, Joshua Koskoff, Alinor Sterling and Katherine Mesner-Hage arguing against case dismissal, are saying that the common law theory of negative entrustment applies to the introduction of the AR-15 into the market by Bushmaster Firearms International, the manufacturer of the weapon.

Judge Barbara Bellis is not expected to rule for months.  If she rules in favor of the plaintiffs, they could be allowed to seek documents from the gun manufacturer on how they marketed the AR-15 to civilians.

 

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