GUN LIABILITY COURT DECISION

Discussion in 'Off-topic' started by gunsmoker, Sep 27, 2005.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    According to a recently-reported decision from the 11th Circuit Court of Appeals:

    When two people are riding in a pickup truck and one of them pulls a gun, aims it at the other, and it fires, this is not only an accident, but a motor vehicle accident for which the car insurance company must pay.

    A Ruger Blackhawk (single-action) revolver in .357 mangnum doesn't have to be "cocked" to fire. The person holding the gun says she doesn't remember if it were cocked or not, and since the Court wants to do everything in its power to help the people with the DEEP POCKETS pay for the victim's injuries, the Court does not address the evidence that the shooter did cock the gun and ride down a bumpy dirt road with her finger on the trigger, while the muzzle was aiming at the belly of her passenger.

    The Insurance Company, proving that even the greedy and stupid sometimes get ill-treated in court, had advanced their own theory about why the gun went off: OLD BULLETS.

    Yes, you heard that right. Because the ammunition in that gun was up to 8 years old, this would explain why the gun went off even without answering the question about whether the hammer was cocked or if somebody pulled or bumped the trigger. Old ammo just tends to become unstable like nitroglycerine-based dynamite, and could go off at any time for any reason, don't you know? (This brilliance is from Auto-Owners insurance, the "no logic? no problem!" people.)

    To properly complete this stupid redneck story, let me add that the District Court allowed as evidence in the trial testimony about how the dog in the open bed of the truck, Lobo, had his claws make a scratching sound on the steel bed while the gun-toter was driving. This was offered to show that it was the manner in which the vehicle was being driven caused the gun to go off, not anybody pulling the trigger on a cocked weapon.

    Seriously, if we don't get the fools and social activists out of the jury box and off the bench, it won't be long before we see the day that Progressive Insurance has to pay child support for a baby conceived in the back seat of a car that they insured at the time!

    ..
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yeah, I heard that on the news yesterday. What about all that old WWII ammo floating around . . .

    I laughed out loud when I heard that she testified she did not remember whether it was cocked when she put it in the truck, and it was being held in her lap when it "went off." It would be hilarious if it wasn't so serious.

    Got a cite for the opinion?
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    citation

    The case is reported in the F.C.D.R. for 9/21/2005. The citation to the 11th circuit opinion is "Auto-Owners Insurance v. Luke, No. 05-10054. The trial judge was C. Ashley Royal, U.S. District Court.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Thread necrophelia.
    Why open this time capsule of legal blunders, you might ask?
    The Zimmerman-Martin fiasco.
    I want to remind all the folks at Georgia Packing that courts, even high-ranking federal appellate courts, don't always get it right.
    Often it appears they will grasp at any straw that they can find to try to justify doing what they want to do in order to get a result that's good for an injured victim or deceased victim's family.
     
  5. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    I guess Zimmerman must've been using an "old cell phone" then.
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Amen, GS, amen. And sometimes... they'll grasp at any straw that they can find to try to justify doing what they want in order to get a "societally correct" finding.
    [​IMG]
     
  7. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    http://www.youtube.com/watch?v=TG5YyWbij28