Florida Jury: Give Gun Widow $24 Million; Killer Not at Fault

NewsMax ^ | 11/15/02

[Tumbleweed_Connection]

A six-woman jury Thursday awarded $24 million to a woman who sued a firm that sold the gun used by a 13-year-old pupil to kill her husband, a teacher – and claimed the murderer was not at all responsible. The award was believed to be the first of its kind against a gun distributor.

The suit by Pam Grunow asked for $76 million. The jury agreed on $24 million and assigned 5 percent of the blame on gun distributor.

The jury claimed that 45 percent of the fault for Grunow's death was with the Palm Beach County school board for "allowing" Nathaniel Brazill onto campus that day and 50 percent with the family friend who kept the gun unlocked in a dresser drawer, where Brazill found it. Because they were not named in the suit, they are not liable. She is likely to collect only $1.2 million.

The suit contended that the .25-caliber Raven Arms handgun made by a defunct California firm, distributed by the Valor Corp. of Sunrise, Fla., and used to kill Barry Grunow was an unreasonably dangerous product that should have had an internal gun lock.

'Delighted'

"We are delighted that Valor has been found negligent in this case. We hope this will be a clarion call against other distributors to get those Saturday night specials off the shelves," said Bob Montgomery, one of Mrs. Grunow's attorneys.

Defense attorney John Renzulli did not appear upset with the verdict. "I think the jury was telegraphing to us and to society that this gun has legal uses, legitimate uses. It was not a piece of junk like the plaintiffs said, and it was a good self-defense weapon," Renzulli said.

Renzulli, representing Valor Corp., noted in closing arguments that pupil Nathaniel Brazill fired the shot. He also said part of the blame belonged to Elmore McCray, owner of the weapon.

Brazill stole the gun and bullets from a cookie tin stashed away in a dresser drawer of McCray, a family friend.

Brazill was convicted last year of second-degree murder in the slaying May 26, 2000. He was ordered to testify in the civil trial but refused on the grounds he might incriminate himself. His case is under appeal.

Grunow and his wife had two children: Sam, 7, and LeeAnn, 2. Mrs. Grunow had asked for $25 million each for herself and her children, plus an additional $1 million for other economic losses.

Copyright 2002 by United Press International.

[Sunshine Sister]

The shooter was not responsible. Unbelieveable. I wonder what those jurors were smoking?

[WaveThatFlag]

I'm confused. Why wasn't the gun the responsibility of the "family friend"?

[Bernard]

It's Florida. The jury was distracted while they were tryig to vote. It's somebody else's fault. Always.

[Joe Brower]

CLICK HERE for a large assortment of powerful, pro-RKBA docs in PDF format.

[CindyDawg]

I'm confused. Why wasn't the gun the responsibility of the "family friend"?

no pockets

[Bogolyubski]

You don't understand the thought process of the sub-human species known as trial lawyers. Brazill has no money, Gun manufacturers and school districts do. Trial lawyers are usually leftists also, so they see destroying gun manufacturers through ridiculous lawsuits as a means of advancing the cause (socialist totalitarianism).

[Chancellor Palpatine]

Misleading title. This was a negligence action, and the jury's instructions were such that if they deemed the shooter's actions were intentional, they couldn't apportion liability to him.

[libertarian guy]

The judge in this case instructed the jury that they could only find the killer responsible in this civil suit if they found that he killed the teacher on accident.

He already has been found guilty of second degree murder in the criminal trial and is serving 28 years to life.

[rockfish59]

# 2 stole the cookie from the cookie jar
WHO ME?
Yeah, YOU
COULDN'T BE
Then WHO?

[doc30]

In other words, if you do something on purpose, you are not negligent. If you do it by accident, you are negligent. Hence, the jury knew the kid did a deliberate act, therefore no negligence and therefore no compensation for negligence. The gun distributor didn't do anything to contribute to killing the teacher, therefore they are negligent.

This almost sound like the "Wookie Defense" Cochrane used in a SOuth Park episode.

[HEY4QDEMS]

Under product liability laws, I don't see how this can stand on appeal.

A gun is a firearm, a weapon designed to discharge a high speed projectile toward an intended target when the trigger is engaged.

I far as this case is concerned, the gun performed exactly as it was designed to do as a result of deliberate human action.

If the safety was on and it fired or if it was dropped and it went off, then product liability would apply but not in this case.

I'm sure an appeal will be filed.

[Sacajaweau]

I smell "BIG" appeal.

[WaveThatFlag]

Misleading title. This was a negligence action, and the jury's instructions were such that if they deemed the shooter's actions were intentional, they couldn't apportion liability to him.

So you are saying that the shooter's intentions were irrelevant in a liabilty suit against against the manufacturer? Speak ENGLISH man.

[ctnoell]

I guess the gun in question sprouted legs, walked into the school, hopped into an innocent kid's hand, and fired itself at the teacher. Remarkable!

[Bogey78O]

IT's true. Why would a wookie live on Endor. It makes no sense.

[Bogey78O]

Saturday Night Specials strike again!

We need to destroy those along with assault weapons and the gun show loophole.

[PatrioticAmerican]

The appeal on this one will be a slam dunk. The supreme court has already ruled, many times, that the proper use of a device which has negative results does not constitute a defective device.

[Hillarys Gate Cult]

Here's a guy who has taken action just so such a thing doesn't happen;

http://www.roughwheelers.com/montego/gun_cam.html

[OXENinFLA]

I can understand why they are doing this.

Just the other day I was playing PS2 and had my gun on table in the other room, out of the corner of my eye I noticed my gun GROW LEGS and walk over to the fridge pull out a beer and open it.

These guns must be stopped from being able to just do what ever they want to do.< do I really need the /sarcsam?>