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Lawyer: Bushmaster, Bull's Eye Settle for $2.5 Million in D.C. Sniper Shootings
AP ^ | Sep 8, 2004 | Anon

Posted on 09/08/2004 7:37:36 PM PDT by Pharmboy

SEATTLE (AP) - The manufacturer and dealer of the rifle used in the Washington, D.C.-area sniper shootings have agreed to pay $2.5 million in a settlement with victims' families, a lawyer said Wednesday night. The settlement with Bushmaster marks the first time a gun manufacturer has agreed to pay damages for negligent distribution of weapons, said Jon Lowy, a lawyer with the Brady Center to Prevent Gun Violence. He also said the settlement with Bull's Eye Shooter Supply is the largest against a gun dealer.

"These settlements send a loud and clear message that the gun industry cannot turn a blind eye to how criminals get their guns," said Lowy, who helped argue the case.

Bushmaster Firearms of Windham, Maine, agreed to pay $550,000 to eight victims of the sniper shootings. Bull's Eye Shooter Supply of Tacoma agreed to pay $2 million.

Defense lawyers did not immediately return calls for comment.

A judge will determine how to divide the settlement among two people who were injured in the shootings and the families of six people who were killed.

John Allen Muhammad, 43, was convicted and sentenced to death for murder in one of the 10 fatal shootings in October 2002 in the Washington, D.C.-area. His co-conspirator, 19-year-old Lee Boyd Malvo, was tried separately, convicted of murder in a different death and sentenced to life in prison without parole.

AP-ES-09-08-04 2210EDT


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events; US: Maine; US: Washington
KEYWORDS: bang; banglist; bushmaster; criminals; dcsniper; guns; lawsuits; murder; muslims
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To: Servant of the 9
Bushmaster management turned out to be weasels after all.

They are businessmen, they must watch their bottom line. They had to weigh the cost of settling with against the cost of litigating, pluse the risk of losing and paying a much larger award. Lots of stuff to balence.

That said, I certainly wish they hadn't caved. Even though they probably had some weasleword about not accepting any guilt in the settlement paperwork, this sends the message that they were responsible. It also encourages others to go for the perceived "deep pockets" of the arms industry.

This is not a Good Thing. We could win the AWB battle, and not have any guns to buy because the manufacturers have been sued out of business.

41 posted on 09/08/2004 9:35:29 PM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: Pharmboy

WTF? How is Bushmaster liable? Jeez.


42 posted on 09/08/2004 9:36:03 PM PDT by Terabitten (Father, grant me the strength to live a life worthy of those who came before me...)
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To: coloradan

I would agree with your answer to my question


43 posted on 09/08/2004 9:46:07 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Pharmboy; Servant of the 9; Squantos; DocRock; pabianice; TortReformer; Blood of Tyrants
I have a better idea for the families. They should sue the cultish origins of John's hateful ideas, the NoI.


John Allen Muhammad

44 posted on 09/08/2004 10:27:19 PM PDT by risk
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To: pabianice
"These settlements send a loud and clear message that the gun industry can be forced to pay money it does not owe for criminal use of their legal products, "

Settlements mean nothing. They represent that it's cheaper to pay off the plaintiffs than pay the lawyers...

45 posted on 09/08/2004 10:34:01 PM PDT by Experiment 6-2-6 (Meega, Nala Kweesta! Romanes Eunt Domus....)
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To: TortReformer
"THIS HAS TO BE DONE DURING BUSH'S HONEYMOON PERIOD AFTER NOV 2."

Oh, that's right. He's going to be a real conservative in the next term.

46 posted on 09/09/2004 3:26:23 AM PDT by Badray (Stay well - Stay safe - Stay armed - Yorktown. RIP harpseal.)
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To: Libertarianize the GOP
"Should the fact that the government regulates a business excuse the manufacturer from any oversight of those it chooses to let sell its product?"

Do I have this right? If someone steals a car from a new car dealer's lot and kills someone, the manufacturer is responsible?

Are you nuts?

How can you write your last sentence if you believe your first one?

You don't sound like a libertarian to me.

47 posted on 09/09/2004 3:35:06 AM PDT by Badray (Stay well - Stay safe - Stay armed - Yorktown. RIP harpseal.)
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To: El Gato; Servant of the 9; coloradan; Joe Brower; Libertarianize the GOP; TortReformer

The sad reality is that the likely jury pool was from the DC/Metro area - translation, huge jury verdict for the plaintiff's regardless of the law.

The liberal urban juries love to take money from the evil corporations and give it to the victim's and their families. And that is just a general rule in a lawsuit.

Add to the mix the fact that the defendant's are evil gun manufacturers and distributers and you have a disaster in the making. This settlement was negotiated by the Insurance Company's lawyers, not by Bushmaster's management. Settlements of lawsuits rarely reflect the validity of the claim and whether it could survive in a legal analysis based on tort principles and devoid of emotion. (Hence the need for tort reform.)

And no, Bushmaster truly is not responsible, if they decide not to provide their merchandise to a licensed dealer they open themselves up to all sorts of lawsuits by the dealer. Since the dealer was approved by the BATFE the Feral Government should be the entity paying out the money for the settlement.

Oh, that's right, we serfs can't sue the government...


48 posted on 09/09/2004 3:58:46 AM PDT by Abundy
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To: Pharmboy
Why didn't they do after the car mfr? Weren't they shooting from a modified trunk?

Wasn't that then an assault vehicle, or at the least a getaway car???

49 posted on 09/09/2004 4:48:02 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: TortReformer
THIS HAS TO BE DONE DURING BUSH'S HONEYMOON PERIOD AFTER NOV 2.

I like your suggestions, but I really doubt that Bush will get any honeymoon period.

50 posted on 09/09/2004 4:52:52 AM PDT by Kenton ("Life is tough, and it's really tough when you're stupid" - Damon Runyon)
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To: Pharmboy

Now if only Buick would pay up - after all, it was they who made a car that could be converted to a sniper's nest with only a few simple tools. They had every reason to know that the car may be used in a crime, but sold it anyway.


51 posted on 09/09/2004 4:55:20 AM PDT by ko_kyi
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To: Pharmboy

Press Release:

September 8th, 2004 5:54PM est

Bushmaster Firearms is pleased to announce a conclusion to the DC sniper case brought by the victim’s families and the Brady organization. The balance of the insurance policy not spent on legal fees, approximately $550,000, will go to the victim’s families for their grief.

Bushmaster reaffirms its commitment to BATF requirements and National Shooting Sports Foundation’s (NSSF) goals.

Bushmaster supports that FFL Dealers and Distributors who sell its products follow the recommendations of the BATF newsletters and the National Shooting Sports Foundation (NSSF) publication “Don’t Lie for the Other Guy” program and their other safety literature.

Bushmaster supports the standards set forth by the BATF in their requirements to be a licensed FFL holder.

Richard E. Dyke
Chairman
Bushmaster Firearms, Inc.
Windham, Maine

52 posted on 09/09/2004 4:58:35 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: risk

Excellent point.


53 posted on 09/09/2004 5:52:56 AM PDT by Pharmboy (History's greatest agent for freedom: The US Armed Forces)
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To: Badray

I suggest that you follow the whole debate and not just the one question asked to provoke further debate.


54 posted on 09/09/2004 6:21:34 AM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Blood of Tyrants
I have no idea why Bushmaster caved. The gun shop was obviously negligent because they apparently have a history of poor firearms control but Bushmaster followed all federal and state laws to the letter.

Probably on the advice of lawyers. They cheaped out, the settlement was a fraction of what mounting a defense would have cost. They obviously didn't care what message this sent or how it would affect the industry.

Their eyes are focused on big sales come September 14 and they didn't wish to be sidetracked by legal woes.

Just my 2 cents.

55 posted on 09/09/2004 6:35:45 AM PDT by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: TC Rider
I just pulled the following below from their website. At first I was upset with Bushmaster on this, but after reading their explanation, I think that this was probably the wisest move they could make given the circumstances.


Bushmaster Responds to Brady Groups False Claim of Victory
Thursday September 9, 2004 9:24AM est

Windham, Maine -- The Washington DC Brady Group would have you believe they won some kind of victory! The Brady Group brought this lawsuit not for the victims, but for their anti-gun agenda. The Brady Group asked for the settlement conference after reviewing all the evidence they knew they could not be successful in court and they wanted to stop paying lawyer fees.

The Brady Group sent a second tier lawyer to the settlement conference with nine demands on Bushmaster regarding business practices and Bushmaster denied them all. We then gave the Brady Group our statement that we support the BATF licensing requirements to be a Federal Firearms Licensed (FFL) holder and our support for the National Shooting Sports Foundation (NSSF) safety programs, and they accepted our statement. We did not agree and would not agree to change the way we do business or make any additional demands of our customers. We were emphatic that Bushmaster did not commit any wrong doings.

The attorney for our insurance company was at the settlement conference and informed us that about half of our policy limits had been spent on trial lawyers. It was the insurance company’s position that all of the limit would be spent on this case, and therefore turned the funds over to Bushmaster to use as we saw fit removing the insurance company from the case. Our choice was to continue spending it on trial lawyers or turn it over directly to the victims’ families with no funds going to the Brady Group for their legal fees.

We felt the compassionate thing to do was give it to the victims’ families, not because we had to but because we wanted to. The Washington DC Brady Group should learn what compassion is really all about!

Bushmaster strongly believes and vigorously supports the rights of citizens to own and use firearms, and the settlement of this case in no way compromises that stand. The Brady Group’s attempt at claiming a victory over firearms manufacturers is a hollow one with no substance. Their attempt to eliminate gun rights of citizens has failed legislatively and will continue to fail with these frivolous lawsuits against gun manufacturers.

Bushmaster Firearms, Inc.
56 posted on 09/09/2004 11:00:40 AM PDT by dbehsman (NRA Life member and loving every minute of it!)
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To: Pharmboy

Boycott Bushmaster out of existence.


57 posted on 09/09/2004 11:24:16 AM PDT by lowbridge
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To: dbehsman

Thanks for finding that. I feel a little better about them now. It's too damn bad that the Defense of Commerce act failed to pass to stop crap like this.


58 posted on 09/09/2004 12:06:20 PM PDT by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: Libertarianize the GOP
"I suggest that you follow the whole debate and not just the one question asked to provoke further debate."

I read the thread. I got to your question and in turn questioned your statement and beliefs to provoke further debate.

It looks like we both failed.

59 posted on 09/09/2004 2:53:02 PM PDT by Badray (Stay well - Stay safe - Stay armed - Yorktown. RIP harpseal.)
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To: Badray

I think the response in # 40 and my reply in # 43 sum it up.


60 posted on 09/09/2004 3:00:54 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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