Sanity reigns in the Ohio Appeals Court
Story
Appeals court throws out city's lawsuit against gun makers
The Associated Press
8/12/00 11:44 AM
CINCINNATI (AP) -- A state appeals court has thrown out a lawsuit that would force gun makers to pay for damages caused by guns.
The city of Cincinnati filed suit against gun manufacturers last year, claiming they owed the city millions of dollars in expenses for damages. The suit alleged gun makers are responsible for misuse of guns and says they're negligent because their weapons don't have adequate safety devices.
The Ohio 1st District Court of Appeals ruled Friday that Cincinnati would "open a Pandora's box" if gun makers were held liable. The 3-0 opinion affirmed a decision last year by Hamilton County Common Pleas Judge Robert Ruelman, who threw out the case.
The city must now appeal its case to the Ohio Supreme Court to keep it alive.
Similar lawsuits have been filed in nearly 30 cities across the country. James Dorr, an attorney for Connecticut-based Sturm & Roger gun company said the legal opinions applied in the Cincinnati case should be applied to other jurisdictions.
"These cases never had any legal basis," Dorr said.
Stanley Chesley, the city's lawyer, said he will ask the City Council to appeal the ruling to the state Supreme Court.
Chesley said that, although the appeals court decision was unanimous, two of the three judges, Lee Hildebrandt and Mark Painter, disagreed with some parts of Judge Ralph Winkler's majority opinion.
"I'm disappointed, but I'm encouraged as well," Chesley said. "We need to address this with the Supreme Court."
Winkler said the city's lawsuit doesn't give any examples of direct injuries caused by a specific gun model or maker. The city also failed to show how it sustained any direct physical damage because of gun violence, he said.
"The city ... can prove no harm to itself in the form of death, physical injury or emotional distress," Winkler said in his written opinion. "The city makes generic claims against all the manufacturers in an effort to gloss over the fatal omissions in its complaint."
He also said gun manufacturers are not at fault if people misuse weapons.
"Manufacturers have no duty to give warnings about the obvious dangers of handguns," Winkler wrote.
"Were we to decide otherwise, we would open a Pandora's box. The city could sue the manufacturers of matches for arson, or automobile manufacturers for traffic accidents, or breweries for drunken driving."
Copyright 2000 Associated Press.
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"The night is nearly over; the day is almost here. So let us put aside
the deeds of darkness and put on the armor of light." (Romans 13:12)
Edited to fix formatting problem - TBM
[This message has been edited by TheBluesMan (edited August 15, 2000).]
Story
Appeals court throws out city's lawsuit against gun makers
The Associated Press
8/12/00 11:44 AM
CINCINNATI (AP) -- A state appeals court has thrown out a lawsuit that would force gun makers to pay for damages caused by guns.
The city of Cincinnati filed suit against gun manufacturers last year, claiming they owed the city millions of dollars in expenses for damages. The suit alleged gun makers are responsible for misuse of guns and says they're negligent because their weapons don't have adequate safety devices.
The Ohio 1st District Court of Appeals ruled Friday that Cincinnati would "open a Pandora's box" if gun makers were held liable. The 3-0 opinion affirmed a decision last year by Hamilton County Common Pleas Judge Robert Ruelman, who threw out the case.
The city must now appeal its case to the Ohio Supreme Court to keep it alive.
Similar lawsuits have been filed in nearly 30 cities across the country. James Dorr, an attorney for Connecticut-based Sturm & Roger gun company said the legal opinions applied in the Cincinnati case should be applied to other jurisdictions.
"These cases never had any legal basis," Dorr said.
Stanley Chesley, the city's lawyer, said he will ask the City Council to appeal the ruling to the state Supreme Court.
Chesley said that, although the appeals court decision was unanimous, two of the three judges, Lee Hildebrandt and Mark Painter, disagreed with some parts of Judge Ralph Winkler's majority opinion.
"I'm disappointed, but I'm encouraged as well," Chesley said. "We need to address this with the Supreme Court."
Winkler said the city's lawsuit doesn't give any examples of direct injuries caused by a specific gun model or maker. The city also failed to show how it sustained any direct physical damage because of gun violence, he said.
"The city ... can prove no harm to itself in the form of death, physical injury or emotional distress," Winkler said in his written opinion. "The city makes generic claims against all the manufacturers in an effort to gloss over the fatal omissions in its complaint."
He also said gun manufacturers are not at fault if people misuse weapons.
"Manufacturers have no duty to give warnings about the obvious dangers of handguns," Winkler wrote.
"Were we to decide otherwise, we would open a Pandora's box. The city could sue the manufacturers of matches for arson, or automobile manufacturers for traffic accidents, or breweries for drunken driving."
Copyright 2000 Associated Press.
------------------
"The night is nearly over; the day is almost here. So let us put aside
the deeds of darkness and put on the armor of light." (Romans 13:12)
Edited to fix formatting problem - TBM
[This message has been edited by TheBluesMan (edited August 15, 2000).]
