January 10, 2012
Felon's Accidental-Shooting Lawsuit
Thrown Out Of Court
(GunAuction.com) -- The Massachusetts Appellate Court has upheld a trial court's decision to dismiss a case involving an ex-con who stole a homeowner's firearm and accidentally shot and killed himself with it. The administrator of the ex-con's estate attempted to sue both the homeowner and Glock. The case was dismissed under the Protection of Lawful Commerce in Arms Act (PLCAA).
From the decision:
Felon's Accidental-Shooting Lawsuit
Thrown Out Of Court
(GunAuction.com) -- The Massachusetts Appellate Court has upheld a trial court's decision to dismiss a case involving an ex-con who stole a homeowner's firearm and accidentally shot and killed himself with it. The administrator of the ex-con's estate attempted to sue both the homeowner and Glock. The case was dismissed under the Protection of Lawful Commerce in Arms Act (PLCAA).
From the decision:
This matter arises out of Charles Milot's accidental death from a gunshot wound. Thomas Hughes owned the weapon involved, and Glock, Inc. (Glock), was the manufacturer of the weapon. Elizabeth Ryan (the plaintiff), the administratrix of the Milot estate, filed a complaint in Superior Court asserting claims of negligence and wrongful death against Hughes. The plaintiff also asserted claims of breach of the implied warranty of merchantability, negligence, wrongful death, and unfair and deceptive acts and practices against Glock. …
On February 25, 2002, Hughes picked up Milot around 7:00 A.M. and brought Milot to his house. Once they were at Hughes's house, Hughes showed Milot the front doorbell that he wanted Milot to repair. Hughes then left his house to run some errands, returning to check on Milot's progress about two hours later. When Hughes returned home, he found Milot's body covered with blood in the front doorway of his home. The police and an ambulance were called and upon their arrival, Milot was pronounced dead. An autopsy was performed, and it was determined that Milot had suffered a gunshot wound to his left thigh which severed the femoral artery and caused Milot to bleed to death.
On February 25, 2002, Hughes picked up Milot around 7:00 A.M. and brought Milot to his house. Once they were at Hughes's house, Hughes showed Milot the front doorbell that he wanted Milot to repair. Hughes then left his house to run some errands, returning to check on Milot's progress about two hours later. When Hughes returned home, he found Milot's body covered with blood in the front doorway of his home. The police and an ambulance were called and upon their arrival, Milot was pronounced dead. An autopsy was performed, and it was determined that Milot had suffered a gunshot wound to his left thigh which severed the femoral artery and caused Milot to bleed to death.
