http://www.boston.com/dailynews/116/nation/Court_says_gun_manufacturers_n:.shtml

Court says gun manufacturers not liable for death and injuries

By Joel Stashenko, Associated Press, 4/26/2001 16:50

ALBANY, N.Y. (AP) Handgun manufacturers cannot be held liable for shooting deaths and injuries suffered by seven people because of the supposedly negligent way the weapons were marketed and distributed, the state's highest court ruled Thursday.

The 7-0 decision by the Court of Appeals probably dooms what lawyers said was the first verdict to go against gun makers sued over their marketing practices by a shooting victim.

In addition, it will probably influence courts in other states with similar lawsuits, said Lawrence Greenwald, a Baltimore lawyer who represented Beretta USA and American Arms before the Court of Appeals.

''Other courts will not be bound by New York's decision, but I think will respectfully consider it,'' he said.

The Court of Appeals decided that the chain linking gun makers with the seven victims is too tenuous to hold the manufacturers responsible.

At the least, the links in that chain also include federally licensed distributors or wholesalers and at least one retailer, the court said.

''The chain most often includes subsequent legal purchasers or even a thief,'' Judge Richard Wesley said.

With every gunshot victim or their survivors a potential litigant against gun manufacturers, more evidence of negligence on the part of gun makers must be established, Wesley said.

Chicago and Bridgeport, Conn., are among about two dozen municipalities that have sued gun manufacturers over crimes and injuries caused by handguns. In addition, about 10 shooting victims or their survivors are pursuing negligence suits against gun makers, Greenwald said.

The New York court's ruling probably dooms the verdicts won in federal court in New York City against handgun manufacturers for failing to use reasonable care in the distribution of their guns. The claims were brought by seven victims of gun violence or their survivors.

In one case, Stephen Fox, shot by a friend and permanently disabled, won $4 million on behalf of himself and his mother. Three gun makers Beretta USA, American Arms and Taurus International Manufacturing were assessed damages of up to $272,000.

Gun makers were found liable in the six other instances, but no monetary damages were awarded.

Gun manufacturers appealed. A federal appeals court hearing the cases asked the state Court of Appeals to clarify whether New York law supports a negligent marketing claim in the case of handgun makers.

Wesley said lawyers for the gunshot victims in these cases failed to show specifically how their sales and marketing allowed guns to fall into the wrong hands. A ''more tangible'' direct link is needed, he said.

The court also found that it was not acceptable to ascribe a market share of liability to gun makers. Under that practice, all manufacturers of a product are assessed damages according to the share of the market they enjoy.

In the Fox case, the gun involved in the shooting was never found and the shooter could not recall what brand it was, court papers showed. A lower court thought that justified spreading liability to all gun makers.

-- Anonymous, April 27, 2001