Sandy Hook Families' Lawsuit Against BUSHMASTER RIFLE

NPR America
Sandy Hook Families' Lawsuit Against
Gun Companies Can Move Forward, Judge Says
April 14, 20163:44 PM ET    NPR -  Laura Wagner             

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A handout photo from the Connecticut State Police shows the Bushmaster rifle used in the December 2012 shootings at Sandy Hook Elementary School in Newtown, Conn.

A handout photo from the Connecticut State Police shows the Bushmaster rifle used in the December 2012 shootings at Sandy Hook Elementary School in Newtown, Conn.                   
A Connecticut judge has ruled that a lawsuit against the manufacturer and seller of the weapon used in the mass shooting at Sandy Hook Elementary School in 2012 can proceed.
The gun companies had sought to dismiss the lawsuit filed by nine victims' families and a survivor, which names Remington Arms, maker of the Bushmaster AR-15 rifle, model XM15-E2S; as well as the distributor and seller.
Gunman Adam Lanza used the firearm to kill 20 children and six adults at the school in Newtown, Conn.
Katie Toth of NPR member station WSHU reports that Thursday's ruling "is a victory for the survivors and families of shooting victims who filed the lawsuit."
She says lawyers for the gun companies had pointed "to a federal law that prevents certain lawsuits against gun makers when those guns are used in a crime." But Toth notes, "The companies could still try to get the lawsuit thrown out based on the merits of the case."
Superior Court Judge Barbara Bellis ruled that the law "does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 semi-automatic rifle is a military weapon and should not have been sold to civilians," The Associated Press reports.
As the Two-Way reported in February:

"The lawsuit was initially filed in state court in Connecticut in December of 2014, two years after 20 children and six adults were gunned down at the elementary school in Newtown, Conn. It then went to a federal court before being shifted back to a state court last fall, in what's seen as a possible advantage for the plaintiffs, who are acting on behalf of 10 victims."

The lawsuit, we reported, "seeks damages and an injunction against selling the AR-15 rifle."
Now that the case has been cleared to move forward, both sides are due back in court on Tuesday.
http://www.npr.org/sections/thetwo-way/2016/04/14/474248535/sandy-hook-families-lawsuit-against-gun-companies-can-move-forward-judge-says 

nicko wrote:You could try suing a motor manufacturer if a particular make of car knocked down and killed someone.   IT's the driver that's responsible,   if someone shoots a person it's the person that pulls the trigger who is responsible.    The case will never get to court.

Gun Companies LAWSUIT, Can Move Forward, Judge Says;   You are over ruled, mister! 

This - like all other pior class action lawsuits that had never seen the light of day will be setting precedence and   maybe it'll make some serious changes or it'll all be for naught.  Depends on what the jury decides and if there's any money awarded too.

Back before Class Action took on the BIG TOBACCO Manufacturers --- no one gave those law suites a 'snowball chance in hell' of seeing the inside of any courtroom in America; and that did indeed happen.

Raggamuffin wrote:Clearly, anyone who buys a rifle like that is up to no good. Don't gun sellers even ask what customers want them for ?

nicko wrote:
You could try suing a motor manufacturer if a particular make of car knocked down and killed someone.   IT's the driver that's responsible,   if someone shoots a person it's the person that pulls the trigger who is responsible.    The case will never get to court.

nicko wrote:PS, if it gets to court it will be thrown out.


Quill, whats your take on this>

AP wrote:Superior Court Judge Barbara Bellis ruled that the law "does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 semi-automatic rifle is a military weapon and should not have been sold to civilians," The Associated Press reports.

NPR wrote:The companies could still try to get the lawsuit thrown out based on the merits of the case.

Newsweek wrote:The families are suing the maker, distributor and seller of the rifle, which the gunman used to kill 20 first-graders and six educators in Newtown, Connecticut, in less than five minutes on December 14, 2012. They argue the rifle shouldn’t have been entrusted to the general public because it is a military-style assault weapon that is unsuited for civilian use. They say the gun companies knew—or should have known—about the high risks posed by the weapon, including the ability for a shooter to use it to inflict maximum casualties and serious injury.