California Court of Appeal

In a suit for strict liability and related torts brought by a police officer against manufacturers and retailers of his gun and holster, arising from an incident where he was shot in the back by his three-year old son, rendering him a paraplegic, trial court's grant of summary judgment in favor of the defendants is affirmed in part and reversed in part where: 1) the trial court erred in granting summary judgment in favor of the defendants in connection with the gun with respect to plaintiff's causes of action for design defect and breach of implied warranty, as defendants cannot establish that modification of any of the alleged defects would have prevented the accident; 2) there are triable issues of fact whether plaintiff's causes of action are barred by the Protection of Lawful Commerce in Arms Act; and 3) the trial court properly granted summary judgment to the defendants in connection with the holster.

Appellate Information

• Decided 07/24/2012
• Published 07/24/2012

Judges

• Perluss

Court

• California Court of Appeal

Counsel