Policeman sues store because "his holster shot him"

Pilgrim

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From the Chesterfield Observer ( http://www.chesterfieldobserver.com/.../news/007.html ):

Gun's holster is blamed for officer wounding himself

Richmond officer sues two Chesterfield gun shops seeking $1.2 million over accident

By Greg Pearson STAFF WRITER

A sergeant in the Richmond Sheriff's office is suing two Chesterfield gun shops for an accidental shooting two years ago when he shot himself in the hand. He alleges the holster is to blame.

According to the court filing, on May 9, 2004, while Sergeant Naitraj David was getting ready for a family trip to Kings Dominion, the gun discharged, hitting him in the left hand, "causing serious injury." He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."

According to the court filings, the gun shops were to "use reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."

From the gunshot wound, David "suffered physical pain, discomfort, mental anguish substantial expenses for doctors [and] lost earnings from employment" and is not able to perform his job as before.

The suit was filed against Town Police Supply on Courthouse Road in Chesterfield County while the suit against Southern Gun World on Midlothian Turnpike was filed in Richmond.

According to David's Charlottesville attorney, Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, David was unsure of where he bought the pancake-style holster, thus requiring two lawsuits.

"There is a slight chance the holster was purchased at Town Police, but I think the suit with Southern Gun will be the one that goes forward," said Slaughter. "Sergeant David is 95 percent sure he bought it at Southern Gun. It's ongoing litigation so I don't want to comment further."

When contacted, David said, "It's in my attorney's hands, so I have to follow his instructions."

"Our records indicate he didn't buy that holster from us," responded Karen Allen, owner of Southern Gun. She said David was also suing the manufacturer. "He'd better have a lot of money because G&G [Gould & Goodrich Leather, the manufacturer in Lillington, N.C.] has never lost a lawsuit."

Both suits against the retailers are similar and seek $1.2 million in damages with interest from two years ago plus legal costs. David, who is licensed to carry a weapon off duty and resides on Kentwood Forest Drive in Chester, wants a jury trial.

The owner of Town Police did not return a call from the newspaper.

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I wonder why he just doesn't sue Glock? Oh yeah, the new Fed law prevents that. SO we have a new approach, sue the holster maker.

Idiot.

Another reason not to own a GLock.
__________________
 
Can someone explain to me how he shot himself in the hand if he was holstering his gun?

Maybe it's some sort of bizarre police requirement, but I don't place my free hand UNDER my holster as a matter of course...
 
the holster didn't pull the trigger....he did when he was holstering the gun. How stupid does he think a jury will be.....
 
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daceman63 said:
the holster didn't pull the trigger....he did when he was holstering the gun. How stupid does he think a jury will be.....
If a jury is made up with a cross-section of the population, they will be very stupid
 
Jay G said:
Can someone explain to me how he shot himself in the hand if he was holstering his gun?

Maybe it's some sort of bizarre police requirement, but I don't place my free hand UNDER my holster as a matter of course...

Don't you hold your holster in one hand & give the pistol a good shove with the other? Especially when you feel some resistance![thinking] Damn, I hope that jury has just the slightest bit of brains and common sense.

I also love the fact that he's suing two stores because he can't remember where he bought it.[rolleyes]

CD
 
I would need to see a domonstration as to how stupid this guy really is. I want him to holster the firearm in front of me, unloaded of course, and make it dry fire with the 5 1/2 inch strap....I would really need to see that....
 
It's all the AG's fault. Because of the LE exemption, police are swamped with unsafe guns, defective holsters and dangerous ammunition. As a result they seem to have a lot more accidents that you or I do. Then again, maybe it has something to do with training and attitude. Nah, must be a lack of vigorously enforced consumer protection regulations. [rolleyes]

Ken
 
Thumbstraps can actually get into the trigger guard and cause the gun to discharge when being holstered. Of course, that doesn't change the fact that he shouldn't have been holding the bottom of the holster with his left hand while holstering...

Many of the newer security holsters have a hinged retainer that replaces the thumbstrap. The hinged device cannot get into the trigger guard.
 
Pilgrim said:
I wonder why he just doesn't sue Glock? Oh yeah, the new Fed law prevents that. SO we have a new approach, sue the holster maker.
I must have missed where the article said he was packing a Glock...
 
Actually, that he's suing two places due to his "forgetfulness" regarding where the holster was purchased should work well for the defense. If he's so forgetful he can't remember where he bought the thing, it stands to reason he'd forget how to use it regardless of how well the gun shops "use[d] reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."
 
Damn bottom feeders
violent-smiley-045.gif
 
According to the court filing, on May 9, 2004, while Sergeant Naitraj David was getting ready for a family trip to Kings Dominion, the gun discharged, hitting him in the left hand...

It seems very clear to me how this happened:
1) he was packing his clothes for the trip.
2) he reached into his underware drawer to pull out his tightey whities
3) the pistol, which was sitting on the night stand at the time, spontainiously fired while in the holster, striking him on the hand and narrowly missing his wife/daughter

seems very clear to me. it's obviously the holsters fault.
 
JonJ said:
Looks like there was a recall for a holster that could cause a gun to fire. A holster for a Glock.
Damn... you can find anything with google. And I note that it was, indeed, for a Glock.

If this is the holster that this turkey has, doesn't the recall invalidate the lawsuits? "Gee, Your Honor... if he'd sent in the holster for the recall, this wouldn't have happened."

And Pilgrim? I do agree with you on Glock triggers - they're not my favorite. If I were ever to get one for carry, I might well put the NY trigger on it!
 
I guess he just wasn't "pofeshnul" enough to handle his gun...

What a tool. I really can't begin to imagine how he shot his hand. His foot or leg I could see. But his hand?
 
It doesn't say if he was wearing the holster. Could it be possible that he was either removing or placing the gun into the holster and holding the bottom of it?
 
It doesn't say if he was wearing the holster. Could it be possible that he was either removing or placing the gun into the holster and holding the bottom of it?
That's my guess as well.
 
The article says something to the effect of; ". . . Gould and Goodrich has never lost a lawsuit." I'm guessing that it's a G&G holster.

There have been a couple of Kydex holsters recalled: the Fobus mentioned earlier and an Uncle Mike's. I didn't find any G&Gs that had been.

I'm not quite sure how this officer and his lawyer plan on winning a suit against ANY store. He admittedly can't remember where he purchased the holster, so he must not have any proof (credit card statement, receipt, expense report, etc.) of where he bought it. I'd guess that a judge would be inclined to dismiss the suit. For all anyone knows, he bought it 2nd hand, or found it laying in the street!
 
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