Conn. Judge Throws Out Gun Lawsuit
.c The Associated Press
WATERBURY, Conn. (AP) - A state judge on Friday dismissed the city of
Bridgeport's lawsuit that sought to make gun makers responsible for the costs
associated with gun violence.
Superior Court Judge Robert F. McWeeny agreed with gun makers who argued the
city did not have legal standing to sue because the city had not suffered any
direct injuries from guns.
``The plaintiffs have no statutory or common law basis to recoup their
expenditures. They lack any statutory authorization to initiate such
claims,'' McWeeny wrote.
Bridgeport Mayor Joseph Ganim said the city would appeal.
``We have a right, and the people have a right, to have this case heard by a
jury,'' Ganim said. ``This issue is not going away. The damages and the
injuries that have been caused to the people of my city and cities across the
nation are not going away.''
Bridgeport was one of 29 cities and counties suing more than two dozen gun
makers.
Carlton Chen, vice president and general counsel for West Hartford-based
Colt's Manufacturing Co., said the decision should set a precedent.
``Our industry, at least in his court, has been completely vindicated,'' he
said. ``I think it certainly will be persuasive on the other judges. We're
certainly optimistic in the status on other cases.''
The suits have had mixed success in the courts. A judge dismissed
Cincinnati's suit in October, but another judge allowed Atlanta's suit to
proceed and ordered the industry to open its files.
Jim Dorr, a Chicago lawyer for gun makers Sturm, Ruger and Co. Inc. and Smith
and Wesson Corp. said the Cincinnati and Bridgeport rulings bode well for the
gun industry.
``Both of these opinions rely on established law in a very well-considered
way,'' Dorr said. ``We hope and expect that they will be considered in other
states. We are very pleased.''
Bridgeport's lawyers contend that the city has run up more than $100 million
in gun violence costs, including police overtime, medical costs and revenues
lost from depressed property values and an exodus of businesses.
It alleged that the gun makers violated product liability laws, the
Connecticut Unfair Trade Practices Act and public nuisance laws. The lawsuit
also contended that gun makers have not done enough to make firearms safe and
failed to prevent their products from getting into the hands of criminals.
A national lawsuit against gun manufacturers is being readied by the Clinton
administration on behalf of the nation's 3,190 public housing authorities.
While filing of the lawsuit is not imminent, the White House hopes the threat
of a suit in federal court will heighten pressure on gun manufacturers to
negotiate with the states and cities that have sued already.
AP-NY-12-10-99 2021EST
------------------
"Quis custodiet ipsos custodes" RKBA!
.c The Associated Press
WATERBURY, Conn. (AP) - A state judge on Friday dismissed the city of
Bridgeport's lawsuit that sought to make gun makers responsible for the costs
associated with gun violence.
Superior Court Judge Robert F. McWeeny agreed with gun makers who argued the
city did not have legal standing to sue because the city had not suffered any
direct injuries from guns.
``The plaintiffs have no statutory or common law basis to recoup their
expenditures. They lack any statutory authorization to initiate such
claims,'' McWeeny wrote.
Bridgeport Mayor Joseph Ganim said the city would appeal.
``We have a right, and the people have a right, to have this case heard by a
jury,'' Ganim said. ``This issue is not going away. The damages and the
injuries that have been caused to the people of my city and cities across the
nation are not going away.''
Bridgeport was one of 29 cities and counties suing more than two dozen gun
makers.
Carlton Chen, vice president and general counsel for West Hartford-based
Colt's Manufacturing Co., said the decision should set a precedent.
``Our industry, at least in his court, has been completely vindicated,'' he
said. ``I think it certainly will be persuasive on the other judges. We're
certainly optimistic in the status on other cases.''
The suits have had mixed success in the courts. A judge dismissed
Cincinnati's suit in October, but another judge allowed Atlanta's suit to
proceed and ordered the industry to open its files.
Jim Dorr, a Chicago lawyer for gun makers Sturm, Ruger and Co. Inc. and Smith
and Wesson Corp. said the Cincinnati and Bridgeport rulings bode well for the
gun industry.
``Both of these opinions rely on established law in a very well-considered
way,'' Dorr said. ``We hope and expect that they will be considered in other
states. We are very pleased.''
Bridgeport's lawyers contend that the city has run up more than $100 million
in gun violence costs, including police overtime, medical costs and revenues
lost from depressed property values and an exodus of businesses.
It alleged that the gun makers violated product liability laws, the
Connecticut Unfair Trade Practices Act and public nuisance laws. The lawsuit
also contended that gun makers have not done enough to make firearms safe and
failed to prevent their products from getting into the hands of criminals.
A national lawsuit against gun manufacturers is being readied by the Clinton
administration on behalf of the nation's 3,190 public housing authorities.
While filing of the lawsuit is not imminent, the White House hopes the threat
of a suit in federal court will heighten pressure on gun manufacturers to
negotiate with the states and cities that have sued already.
AP-NY-12-10-99 2021EST
------------------
"Quis custodiet ipsos custodes" RKBA!