Posted on 08/09/2018 8:49:09 AM PDT by Simon Green
Crap lawsuit by ambulance chasers.
“vicariously liable”? WTF?
I dont see where they have authority to sue.
If Californians cant sue because the government wouldnt defend prop 8 because they (somehow) werent directly involved the how is the Brady political campaign allowed to sue?
Black powder Guns are not regulated under any national firearms law except to say that theyre not regulated. Some state laws may regulate
You want to change the law, Brady @$$wipes? Go ahead and try. There are procedures to do that.
replica 1858 Army .44-caliber black powder revolver
= = =
An assault pistol of the day.
Also - why isnt Brady suing the city government of Chicago for not protecting its citizens by cracking down on crime leading to gun deaths?
Yknow wanting to stop tragedies and all...
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It was a legal sale. There is no basis for any tort.
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Attempt a lottery winnings.
I apply the “hammer test” to these cases. Substitute the word hammer for any reference to a firearm. If you do that to this case, you will see that:
It was a legal sale
The murder was carried out without the store’s knowledge
There is no background check required for “hammers”
There is no means by which the store would have known that the firearm would be used in a crime.
“It was a legal sale. There is no basis for any tort.”
Ohio law forbids the sale of black powder firearms to felons.
Black powder firearms are treated the same as modern firearms under Ohio law.
Yeah, where do they have standing to sue?
The store has no duty to do a criminal background check unless required by law, which does not seem to be the case here. You have to able to establish a “duty” and “breach of that duty” to make a negligence action. Under the theory being asserted here any store that sold a knife to a felon could be sued if he later hurt someone with it.
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The second ammendment prevails.
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I love my Walker Colt .44. It belches smoke and lead like no other.
Next up:
General Motors Dealer in XXXXX,(NY) sued because they sold a chevy to a man who, while intoxicated, ran down a pedestrian.
The suit claims the dealer “should have known” the accused driver had a habit of driving drunk, and he used the Chevy to kill an innocent person.
This will come up one day, eventually.
Vexatious Litigation:
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.
“”The Brady Campaign””
Apparently some slick/shyster lawyers are involved with the Brady people and are using that platform to go after legitimate businesses.
This is new to me and I assume to others here. What Cuomo is attempting to do in NY State to the NRA will no doubt expand to legitimate retail businesses now. They found a hole and they’ll go for it! Cabela’s and Bass Pro better make sure all their “t’s” are crossed and “i’s” dotted. Will save a bunch of legal trouble and fees later on. No one in their right mind wants to be caught up in the legal system for any reason!
Already allowed in Europe...
Its a frivolous lawsuit in its face though - this guy had a desire to murder and if it hadnt been a gun or a knife it was going to be poison or rope or a banner or club or a board with a nail in it!
There is a whole list of issues attorneys like this can go after. They won’t miss a trick once they discover the trouble they can cause for businesses. They’ll have their Utopia!!!
“The second ammendment prevails.”
It certainly should, but Cabela’s follows other state firearms laws:
https://www.cabelas.com/catalog/includes/notes_and_restrictions_popup.jsp?productId=740536
OK, then we sue Exxon and Shell for the gasoline that powered the car that hit you and sent you to the hospital. Logical.
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