Judge KOs Miami Gun Maker Lawsuit
By Mark Long
Associated Press Writer
Monday, Dec. 13, 1999; 9:00 p.m. EST
MIAMI –– A judge dismissed Miami-Dade County's lawsuit against gun makers Monday, agreeing with the industry that the county has no standing because it has not suffered any direct injuries from guns.
Mayor Alex Penelas said he will appeal.
"This is not unlike what happened in the early stages of tobacco legislation," he said. "And we know where that stands now."
Miami-Dade was one of about 30 cities and counties suing more than two dozen gun makers.
The other lawsuits have had mixed success. A judge rejected a suit in Bridgeport, Conn., last week, and Cincinnati's suit was dismissed in October. But judges in Chicago and Atlanta have allowed suits to proceed and ordered the industry to open its files.
The Clinton administration is preparing a national lawsuit on behalf of local public housing authorities, charging gun makers negligently allowed guns to fall into criminal hands. The move is an attempt to pressure the industry to negotiate settlements to the cities' lawsuits.
Penelas filed the suit on behalf of Miami-Dade County in hopes of holding the industry responsible for the police and medical costs of gun-related deaths and injuries. The lawsuit alleged that manufacturers negligently design their guns, failing to employ safety devices that could alert users to a round in the chamber or prevent firing by children.
The suit sought unspecified damages from 26 companies that make, distribute or sell firearms and three trade associations.
But Circuit Judge Amy Dean ruled said that under Florida's product liability law, such suits should be filed by individuals who were injured by a specific defective product.
The Bridgeport lawsuit was thrown out on the same grounds. The judge in Cincinnati's case said the risks associated with guns are "obvious and matters of common knowledge."
"These decisions are a justification of what our industry has maintained all along – that these suits are without merit and have no legal basis whatsoever," said Robert T. Delfay, the president and chief executive officer of the National Shooting Sports Foundation.
© Copyright 1999 The Associated Press
By Mark Long
Associated Press Writer
Monday, Dec. 13, 1999; 9:00 p.m. EST
MIAMI –– A judge dismissed Miami-Dade County's lawsuit against gun makers Monday, agreeing with the industry that the county has no standing because it has not suffered any direct injuries from guns.
Mayor Alex Penelas said he will appeal.
"This is not unlike what happened in the early stages of tobacco legislation," he said. "And we know where that stands now."
Miami-Dade was one of about 30 cities and counties suing more than two dozen gun makers.
The other lawsuits have had mixed success. A judge rejected a suit in Bridgeport, Conn., last week, and Cincinnati's suit was dismissed in October. But judges in Chicago and Atlanta have allowed suits to proceed and ordered the industry to open its files.
The Clinton administration is preparing a national lawsuit on behalf of local public housing authorities, charging gun makers negligently allowed guns to fall into criminal hands. The move is an attempt to pressure the industry to negotiate settlements to the cities' lawsuits.
Penelas filed the suit on behalf of Miami-Dade County in hopes of holding the industry responsible for the police and medical costs of gun-related deaths and injuries. The lawsuit alleged that manufacturers negligently design their guns, failing to employ safety devices that could alert users to a round in the chamber or prevent firing by children.
The suit sought unspecified damages from 26 companies that make, distribute or sell firearms and three trade associations.
But Circuit Judge Amy Dean ruled said that under Florida's product liability law, such suits should be filed by individuals who were injured by a specific defective product.
The Bridgeport lawsuit was thrown out on the same grounds. The judge in Cincinnati's case said the risks associated with guns are "obvious and matters of common knowledge."
"These decisions are a justification of what our industry has maintained all along – that these suits are without merit and have no legal basis whatsoever," said Robert T. Delfay, the president and chief executive officer of the National Shooting Sports Foundation.
© Copyright 1999 The Associated Press