Judge Declares Mistrial In Berkeley Gun Lawsuit

KTVU.com ^ | Dec. 23, 2003

[.38sw]

OAKLAND, Calif. -- An Oakland judge declared a mistrial Tuesday in a civil lawsuit in which the parents of a 15-year-old Berkeley boy who was accidentally shot dead by a neighbor boy alleged that the gun maker Beretta USA should be held liable for his death.

Alameda County Superior Court Judge Gordon Baranco declared the mistrial after jurors said they were split 6-6 after four days of deliberations.

During a three-week trial, the attorneys for Griffin and Lynn Dix, the parents of Kenzo Dix, said Beretta failed to incorporate adequate safety features in the 9mm semiautomatic handgun that killed the boy on May 29, 1994.

But attorneys for Beretta said the gun did in fact have adequate safety measures and charged that the parents of Michael Soe, the neighbor boy who accidentally shot and killed Kenzo Dix, were the ones most responsible for the incident because they left the gun loaded and unlocked.

This is the second time the Dixes have failed to win a case against Beretta.

In 1998, a jury decided by a 9-3 margin that Beretta wasn't responsible for Kenzo Dix's death.

But an appellate court granted the Dixes a new trial after finding that there was juror misconduct.

[Lancey Howard]

The jury was split 6-6.

That's the scary part.
How do these scumbag lawyers find 6, count 'em 6, OJ jurors who can rule that a manufacturer is responsible for the accidental misuse of its product? A 6-6 split? Whew....!

[supercat]

I don't know what that would be. Perhaps a large red flag that pops up when there is a round in the chamber? A loud beeping noise to alert the user that there is a round in the chamber?

How about gun safety education for all schoolchildren?

[mansion]

Split 6/6? That's too close...