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Grunow lawsuit against gun distributor is kept alive
By KEVIN KRAUSE Sun-Sentinel
Web-posted: 12:26 a.m. Mar. 13, 2001
A quest by Lake Worth Middle School teacher Barry Grunow's widow to hold a South Florida gun distributor accountable for the shooting was kept alive Monday by a judge.
Palm Beach County Circuit Judge Jorge Labarga denied a request by the gun distributor -- which is being helped by the powerful gun lobby -- to have Pam Grunow's lawsuit thrown out.
Labarga's decision is significant because it is the first step in holding the gun industry accountable for deaths resulting from the use of their products. If successful, experts say Pam Grunow's lawsuit could pave the way for similar actions nationwide by other victims' families and possibly change how guns are produced.
Nathaniel Brazill allegedly used an inexpensive .25-caliber handgun to shoot the popular teacher on May 26. Brazill, then 13, brought the pistol to school when he returned to say goodbye to a girl he liked.
Bob Montgomery, attorney for Pam Grunow, said the lawsuit is intended to get cheap, easily concealed guns like the so-called "Saturday Night Special" used in the Lake Worth shooting off the streets.
"They have no utilitarian purpose whatsoever except for killing people," Montgomery said. "The distributor stands in the same shoes as the manufacturer. They also put this product into commerce."
Bruce Rogow, a Washington, D.C., attorney specializing in constitutional law, said changes could be in store for the gun industry even if it prevails in court.
"The threat and risk of this litigation would force retailers and distributors to take steps to make their products more safe," Rogow said. "In the history of product litigation, once the door is opened more lawsuits will follow. This puts pressure on the industry to take steps to avoid liability."
It could result in all new guns coming with locks and other safety devices, he said.
"Ultimately, this litigation will catch up with the gun industry," he said. "It underscores the responsibility of the gun distributor to try to ensure his products have the proper safeguards."
At issue in the case is whether gun distributors should face legal liability similar to firearm manufacturers.
In October, the Grunow family sued gun distributor Valor Corp. of Florida, claiming the firearm was "unreasonably and unnecessarily dangerous, beyond the level of danger obvious and inherent in any gun." It also claims the distributor failed to implement a "feasible, safer, alternate design" for the gun.
Valor sought a dismissal in November, contending that it did nothing wrong by acting as a middleman between manufacturer Raven Arms of California and a Lantana pawnshop.
Pam Grunow also sued the Hypoluxo Pawn Shop, Brazill's family and a Brazill family friend who kept the gun in a dresser drawer. The teenager took the gun without permission. Grunow reached a $300,000 insurance settlement with Brazill's family friend and a $275,000 insurance settlement with the pawnshop. The Grunows aren't suing Raven Arms because it went out of business in 1991.
John Renzulli, a Valor Corp. attorney, expects to get the case dismissed by requesting a summary judgment after all evidence is collected.
"Obviously, we're not happy with the decision. But the discovery process will give us the chance to flesh out the facts," he said. "Then we will establish that it should be dismissed."
Similar cases are filed regularly, but most are dismissed before trial, said David Kopel, research director of the conservative, Colorado-based Independence Institute think tank. He knows of no such case that has been successful.
"It's ridiculous to hold the gun distributor responsible for Grunow's death," Kopel said. "It's like suing the Budweiser wholesaler because somebody drives drunk."
Montgomery, a prominent West Palm Beach attorney who represented the state of Florida in a case against cigarette manufacturers, said the type of gun used to kill Barry Grunow was made of inferior materials and is designed to be concealed.
He said it will take them about 18 months to prepare for trial.
"It's like taking on tobacco," he said, referring to the number of attorneys involved in the case. "I know what we're up against."
Brazill has been charged as an adult with first-degree murder in Barry Grunow's death. If convicted, the teen could spend the rest of his life in prison. His trial is set to begin April 30.
Kevin Krause can be reached at kkrause@sun-sentinel.com or 561-243-6604
The link wouldn't work.)Grunow lawsuit against gun distributor is kept alive
By KEVIN KRAUSE Sun-Sentinel
Web-posted: 12:26 a.m. Mar. 13, 2001
A quest by Lake Worth Middle School teacher Barry Grunow's widow to hold a South Florida gun distributor accountable for the shooting was kept alive Monday by a judge.
Palm Beach County Circuit Judge Jorge Labarga denied a request by the gun distributor -- which is being helped by the powerful gun lobby -- to have Pam Grunow's lawsuit thrown out.
Labarga's decision is significant because it is the first step in holding the gun industry accountable for deaths resulting from the use of their products. If successful, experts say Pam Grunow's lawsuit could pave the way for similar actions nationwide by other victims' families and possibly change how guns are produced.
Nathaniel Brazill allegedly used an inexpensive .25-caliber handgun to shoot the popular teacher on May 26. Brazill, then 13, brought the pistol to school when he returned to say goodbye to a girl he liked.
Bob Montgomery, attorney for Pam Grunow, said the lawsuit is intended to get cheap, easily concealed guns like the so-called "Saturday Night Special" used in the Lake Worth shooting off the streets.
"They have no utilitarian purpose whatsoever except for killing people," Montgomery said. "The distributor stands in the same shoes as the manufacturer. They also put this product into commerce."
Bruce Rogow, a Washington, D.C., attorney specializing in constitutional law, said changes could be in store for the gun industry even if it prevails in court.
"The threat and risk of this litigation would force retailers and distributors to take steps to make their products more safe," Rogow said. "In the history of product litigation, once the door is opened more lawsuits will follow. This puts pressure on the industry to take steps to avoid liability."
It could result in all new guns coming with locks and other safety devices, he said.
"Ultimately, this litigation will catch up with the gun industry," he said. "It underscores the responsibility of the gun distributor to try to ensure his products have the proper safeguards."
At issue in the case is whether gun distributors should face legal liability similar to firearm manufacturers.
In October, the Grunow family sued gun distributor Valor Corp. of Florida, claiming the firearm was "unreasonably and unnecessarily dangerous, beyond the level of danger obvious and inherent in any gun." It also claims the distributor failed to implement a "feasible, safer, alternate design" for the gun.
Valor sought a dismissal in November, contending that it did nothing wrong by acting as a middleman between manufacturer Raven Arms of California and a Lantana pawnshop.
Pam Grunow also sued the Hypoluxo Pawn Shop, Brazill's family and a Brazill family friend who kept the gun in a dresser drawer. The teenager took the gun without permission. Grunow reached a $300,000 insurance settlement with Brazill's family friend and a $275,000 insurance settlement with the pawnshop. The Grunows aren't suing Raven Arms because it went out of business in 1991.
John Renzulli, a Valor Corp. attorney, expects to get the case dismissed by requesting a summary judgment after all evidence is collected.
"Obviously, we're not happy with the decision. But the discovery process will give us the chance to flesh out the facts," he said. "Then we will establish that it should be dismissed."
Similar cases are filed regularly, but most are dismissed before trial, said David Kopel, research director of the conservative, Colorado-based Independence Institute think tank. He knows of no such case that has been successful.
"It's ridiculous to hold the gun distributor responsible for Grunow's death," Kopel said. "It's like suing the Budweiser wholesaler because somebody drives drunk."
Montgomery, a prominent West Palm Beach attorney who represented the state of Florida in a case against cigarette manufacturers, said the type of gun used to kill Barry Grunow was made of inferior materials and is designed to be concealed.
He said it will take them about 18 months to prepare for trial.
"It's like taking on tobacco," he said, referring to the number of attorneys involved in the case. "I know what we're up against."
Brazill has been charged as an adult with first-degree murder in Barry Grunow's death. If convicted, the teen could spend the rest of his life in prison. His trial is set to begin April 30.
Kevin Krause can be reached at kkrause@sun-sentinel.com or 561-243-6604