Yet Another Court
Rejects Reckless Lawsuits
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"...Imposing additional liability on
manufacturers and gun show operators would not have protective
effect..." |
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-- Arizona Court of Appeals Judge Joseph Howard |
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Capitol Media Services (Aug. 30) reported that, on August 29, the
Arizona Court of Appeals ruled that lawful gun manufacturers and
those who legally sell firearms are not liable for the criminal
acts of others beyond their control.
Continuing a national trend
of courts rejecting the reckless lawsuit theory, the three-judge
panel ruled unanimously that the families of three slain Pizza
Hut employees had no basis to sue Glock, Inc., the retailer who
originally sold the firearm, Centerfire Inc., or operators of a
gun show where the firearm was allegedly re-sold.
Judge Joseph Howard
Born Ohio, 1950; BA-business administration, Arizona State University 1972; Juris Doctor, Arizona State University, College of Law, 1976. General practice of law, primarily in Casa Grande, from 1976. Real Estate Law Specialist in 1992. Appointed to Division II in 1997. Resident of Casa Grande.
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Writing for the court, Judge Joseph Howard noted, "Third parties
often can legally obtain handguns from private individuals or
illegally on the street. Imposing additional liability on
manufacturers and gun show operators would not have protective
effect."
The case was originally dismissed in 2001 by Pima Superior Court
Judge Ted Borek who noted at that time that the families failed
to prove the defendants had a duty to conform to "certain
standards of conduct for the protection of others against
unreasonable risk."
Stay tuned, as an appeal to the state Supreme Court could be
next.
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