Newtown Families File Lawsuit Against Bushmaster

Rating - 100%
10   0   0
Joined
Sep 17, 2014
Messages
754
Likes
841
I thought they found the AR in the trunk and that it wasn't the gun he used at the school, or is that just the tin foil hat version of the story? If the official story is that he didn't use the rifle in question the case should be thrown out. Actually, it should be thrown out anyway because of the immunity already granted to the companies.
 
Rating - 100%
5   0   0
Joined
Jan 25, 2013
Messages
275
Likes
33
I thought they found the AR in the trunk and that it wasn't the gun he used at the school, or is that just the tin foil hat version of the story? If the official story is that he didn't use the rifle in question the case should be thrown out. Actually, it should be thrown out anyway because of the immunity already granted to the companies.
Me recollection of the coverage showed a LEO cycling a Saiga 12 found in the trunk of Lanza's black Honda Civic. Anyone else recall seeing this?
 
Rating - 100%
1   0   0
Joined
Jan 22, 2013
Messages
13,098
Likes
6,146
I thought they found the AR in the trunk and that it wasn't the gun he used at the school, or is that just the tin foil hat version of the story? If the official story is that he didn't use the rifle in question the case should be thrown out. Actually, it should be thrown out anyway because of the immunity already granted to the companies.

He killed his mom with a .22, i think a marlin but don't hold me to the brand. Used a bushmaster AR at the school, 30 rd mags. Killed himself with a glock 10mm, also had a sig p226 on him. Had the saiga in the car. Any other stuff you've read is Alex Jones territory.
 
Rating - 100%
1   0   0
Joined
Jan 22, 2013
Messages
13,098
Likes
6,146
Protection of Lawful Commerce in Arms Act..

case dismissed and closed...

The one against the mom is possible but the ones against bushmaster, the gun dealer, etc are cap and will be tossed. But even suing the moms estate saying she didn't store the guns properly. She did have a gun cabinet and was murdered. So I'm not sure how they prove they were not locked up and he didn't gain access by killing his mom and taking the key.
 

rivet_42

NES Member
Rating - 100%
1   0   0
Joined
Feb 28, 2008
Messages
1,166
Likes
685
How would insurance on the home have anything to do with the shooting?

They're probably going for a liability claim against the mother's homeowner's insurance, based on the idea that she failed to secure her guns adequately. Whether they can prove their case in court remains to be seen, but such a claim would not, IMO, be completely frivolous.
 
Rating - 0%
0   0   0
Joined
Sep 14, 2009
Messages
3,385
Likes
510
The one against the mom is possible but the ones against bushmaster, the gun dealer, etc are cap and will be tossed. But even suing the moms estate saying she didn't store the guns properly. She did have a gun cabinet and was murdered. So I'm not sure how they prove they were not locked up and he didn't gain access by killing his mom and taking the key.

If it was her .22 that was used to kill her, that'd be prima facie evidence that that particular one was not sufficiently secured against unauthorized use. But then the merits become murky -- the .22 wasn't necessary to accomplish the goal -- a length of rope or a knife would have been sufficient, thus leaving the key available to Adam Lanza regardless.

So long as Adam Lanza was 16 there would be, from my non-lawyerly understanding, no violation of CT safe storage law found under CT Chapter 529 Section 29-37i (link to statute).
 
Rating - 100%
8   0   0
Joined
Sep 15, 2009
Messages
12,146
Likes
3,057
Location
SC
If it was her .22 that was used to kill her, that'd be prima facie evidence that that particular one was not sufficiently secured against unauthorized use. But then the merits become murky -- the .22 wasn't necessary to accomplish the goal -- a length of rope or a knife would have been sufficient, thus leaving the key available to Adam Lanza regardless.

So long as Adam Lanza was 16 there would be, from my non-lawyerly understanding, no violation of CT safe storage law found under CT Chapter 529 Section 29-37i (link to statute).

For all we know, Lanza took the key while she slept, opened the cabinet, got a gun and then shot her.
 

rivet_42

NES Member
Rating - 100%
1   0   0
Joined
Feb 28, 2008
Messages
1,166
Likes
685
The one against the mom is possible but the ones against bushmaster, the gun dealer, etc are cap and will be tossed. But even suing the moms estate saying she didn't store the guns properly. She did have a gun cabinet and was murdered. So I'm not sure how they prove they were not locked up and he didn't gain access by killing his mom and taking the key.

The mom was known to have taken both of her sons shooting. It's possible that both of the sons had their own keys to the cabinet (or knew the combination). Anecdote has it that she didn't feel threatened by her son, despite his manifest mental-health issues. She may even have left the cabinet unlocked, if they were at home, and were the only people in the home. (CT does not have a storage law AFAIK requiring that guns be kept locked up if not under someone's immediate control.)
 
Rating - 0%
0   0   0
Joined
Sep 14, 2009
Messages
3,385
Likes
510
The mom was known to have taken both of her sons shooting. It's possible that both of the sons had their own keys to the cabinet (or knew the combination). Anecdote has it that she didn't feel threatened by her son, despite his manifest mental-health issues. She may even have left the cabinet unlocked, if they were at home, and were the only people in the home. (CT does not have a storage law AFAIK requiring that guns be kept locked up if not under someone's immediate control.)

CT does, but it only applies if there's a minor (defined as being under 16) kicking around. I linked it above.
 

GM-GUY

NES Member
Rating - 100%
6   0   0
Joined
May 27, 2008
Messages
12,164
Likes
11,006
Location
North Central Mass
While a possible course of action exists Families v. Estate of Mrs Lanza, it will still bite us in the butt. Lets say a judgement is levied, wheat to do bet every policy with have a question section about guns and a waiver of liability attached - (Mold and Sexual Abuse currently exist).
 

rivet_42

NES Member
Rating - 100%
1   0   0
Joined
Feb 28, 2008
Messages
1,166
Likes
685
While a possible course of action exists Families v. Estate of Mrs Lanza, it will still bite us in the butt. Lets say a judgement is levied, wheat to do bet every policy with have a question section about guns and a waiver of liability attached - (Mold and Sexual Abuse currently exist).

If a claim is indeed upheld, it wouldn't be the first time. There have been plenty of liability claims against gun owners for wrongful death, medical bills, and so on, resulting from use, or misuse, of firearms kept in peoples' homes. Some of them stand up in court depending on facts, law, and circumstances, some of them do not. Insurance companies are used to this kind of thing. If they were going to try for broad-based denial of coverage for claims resulting from the use or misuse of firearms lawfully kept by a policy holder, they would have done so long ago.
 

GM-GUY

NES Member
Rating - 100%
6   0   0
Joined
May 27, 2008
Messages
12,164
Likes
11,006
Location
North Central Mass
I'm not going to assume anything in that 'Newtown' is a now a catch-all 'For the Children'.

Ideally, you are correct that this is nothing new, and insurance companies make enough 'contributions' to be fairly safe.
 

rivet_42

NES Member
Rating - 100%
1   0   0
Joined
Feb 28, 2008
Messages
1,166
Likes
685
Update: some families have filed suit against Remington: http://www.cnn.com/2016/02/22/health/sandy-hook-families-gun-lawsuit/index.html

No word on whether some anti-gun think-tank like Moms Demand or whoever might be paying for the lawyers, or if plaintiffs are doing this on their own.

They're gonna keep it up with these suits until they get the Lawful Commerce in Arms Act thrown out or set aside.
 

the_shootist

Banned
Rating - 100%
21   0   0
Joined
May 9, 2008
Messages
10,110
Likes
1,590
Location
Nowhere near Mass!
Rating - 100%
55   0   0
Joined
Jan 13, 2009
Messages
30,705
Likes
8,671
Location
free hampshire
un****ingbelievable, i can't believe that shit is still going on. those lawyers are going to be raking in the cash big time. unreal.

how could the company be liable when the kid wasted his mother to obtain the specific weapon mentioned in the suit? how is that the company's fault?
 

the_shootist

Banned
Rating - 100%
21   0   0
Joined
May 9, 2008
Messages
10,110
Likes
1,590
Location
Nowhere near Mass!
un****ingbelievable, i can't believe that shit is still going on. those lawyers are going to be raking in the cash big time. unreal.

how could the company be liable when the kid wasted his mother to obtain the specific weapon mentioned in the suit? how is that the company's fault?

It's not but the antis WILL NOT STOP until they run out of oxygen
 

GM-GUY

NES Member
Rating - 100%
6   0   0
Joined
May 27, 2008
Messages
12,164
Likes
11,006
Location
North Central Mass
On its face they have no standing, the law passed says if the gun maker, distributor and seller committed no crime then the fact that someone used the firearm in a crime cannot be thier fault.

The fact that this suit is dragging on and on, lots of legal fees that the protected parties still have to pay. When dismissed, I hope they can counter-sue or there is a clause in CT that makes these folks have to pay all the lawyers. That happened in CO iirc
 

jpm

NES Member
Rating - 100%
87   0   0
Joined
Jan 9, 2013
Messages
7,330
Likes
4,112
the lawyers are probably working on contingency so they get a big chunk of the $$ if they win, but nothing if they lose
 

Buggin

Dealer
NES Member
Rating - 100%
28   0   0
Joined
Nov 26, 2012
Messages
3,438
Likes
1,028
Location
Just about the middle of NH
It shouldn't be dragged out at all.
Rems lawyer cites Senate Bill 397.
Judge tosses it and orders Newtown tards to pay Rems lawyer fees with some extra for the aggravation.

Of course that's an optimistic outlook.
 
Rating - 100%
10   0   0
Joined
Jun 25, 2014
Messages
14,707
Likes
8,704
http://www.usnews.com/news/business...ks-dismissal-of-lawsuit-over-newtown-shooting

makes sense...thayt are saying the gun ised in the killings is too dangerous. What is an acceptable level of dangerousness (is that even a word?)? I'd like to know...

"The plaintiffs' lawyers, Joshua Koskoff, Alinor Sterling and Katherine Mesner-Hage, argue in the lawsuit that the Bushmaster rifle used in the shooting is too dangerous to sell to the general public. The families are seeking unspecified monetary damages and other potential court actions."
 

the_shootist

Banned
Rating - 100%
21   0   0
Joined
May 9, 2008
Messages
10,110
Likes
1,590
Location
Nowhere near Mass!
http://www.usnews.com/news/business...ks-dismissal-of-lawsuit-over-newtown-shooting

makes sense...thayt are saying the gun ised in the killings is too dangerous. What is an acceptable level of dangerousness (is that even a word?)? I'd like to know...

"The plaintiffs' lawyers, Joshua Koskoff, Alinor Sterling and Katherine Mesner-Hage, argue in the lawsuit that the Bushmaster rifle used in the shooting is too dangerous to sell to the general public. The families are seeking unspecified monetary damages and other potential court actions."

It's a basic semi automatic rifle. Other than the style, how does a Bushmaster differ from any other semi automatic rifle in existence? You see where this can potentially go, can't you?
 

Alex9661

NES Member
Rating - 100%
8   0   0
Joined
Jun 2, 2009
Messages
1,442
Likes
649
Location
behind enemy lines
I try not to be a tin foil hat wearer (unless my father is around cuz it drives him nuts!) Can someone explain to me why there are zero murders registered to Newtown CT in 2012 by the FBI https://www.fbi.gov/about-us/cjis/u...w_enforcement_by_connecticut_by_city_2012.xls

My guess is a murder isn't registered as a murder till the investigation is complete. Maybe the investigators are still doing something wrt this event, they are paid-by-the-hour gov employees after all
 
Rating - 100%
10   0   0
Joined
Mar 24, 2009
Messages
377
Likes
31
I try not to be a tin foil hat wearer (unless my father is around cuz it drives him nuts!) Can someone explain to me why there are zero murders registered to Newtown CT in 2012 by the FBI https://www.fbi.gov/about-us/cjis/u...w_enforcement_by_connecticut_by_city_2012.xls

I came across this a long time ago. IMO, this was an inside setup job to promote an AWB that was totally foiled by the lack of attention to detail, so they bailed on the idea. There are so many holes in this incident that they couldn't come up with answer to, so they said F' it and moved on.
 
Rating - 100%
1   0   0
Joined
Jun 9, 2008
Messages
12,136
Likes
6,580
the lawyers are probably working on contingency so they get a big chunk of the $$ if they win, but nothing if they lose

Are you referring to Bushmasters' lawyers or the ones representing the people filing the suit? If it's the latter, I highly doubt they're working on contingency. What lawyer would take a case on contingency that they know with 100% certainty they are going to lose?
 

Rob Boudrie

NES Member
Rating - 100%
6   0   0
Joined
Apr 24, 2005
Messages
42,456
Likes
23,485
Are you referring to Bushmasters' lawyers or the ones representing the people filing the suit? If it's the latter, I highly doubt they're working on contingency. What lawyer would take a case on contingency that they know with 100% certainty they are going to lose?
A publicity whore.
 
Top Bottom