Sandy Hook parents file lawsuit against Bushmaster

Started by Patriot, December 15 2014 08:37:06 PM MST

Previous topic - Next topic

Rich10

The first lawsuit, the one against Bushmaster-

{Snip from the Hartford Courant}
The lawsuit is the second one filed since the shooting. The first one against the gun manufacturer, filed at Superior Court in Bridgeport, claims that the Bushmaster AR-15 used by Lanza in the shooting should not be sold to the public because it is a military assault weapon designed for war.

Ten families, including the Pozner and Lewis families, and one of the teachers who was shot and survived are involved in the lawsuit.

That lawsuit will attempt to use what is known as the negligent entrustment exemption. In a negligent entrustment case, a party can be held liable for entrusting a product, in this case the Bushmaster rifle, to another party who then causes harm to a third party.

sqlbullet

It will be interesting to see how this plays out.

I can't imagine it will go anywhere.  Negligent entrustment really doesn't apply because Bushmaster didn't convey the firearm to Lanza.  They conveyed ownership to a distributor, who conveyed ownership to a retailer, who conveyed ownership to Lanza's mother.  She was deceased when the gun was stolen from her.

I gotta think this case is gonna get tossed summarily.

Rich10


Rich10

The new lawsuit-

{Snip from Hartford Courant}

At least two families of victims in the Sandy Hook Elementary School shooting have filed a lawsuit against the town of Newtown and the school board, alleging lax security on the day 20 first-graders and six adults were shot and killed...................

The plaintiffs are the estates of slain students Noah Pozner and Jesse Lewis. The children's parents, Leonard Pozner, Neil Heslin and Scarlett Lewis, are the administrators. The families are represented by Norwalk attorney Donald Papcsy, a Sandy Hook resident, who could not be reached for comment Monday..............

(After Lanza shot his way into the school and killed the principle and school psychologist he went to classrooms.....)
In one of those classrooms, substitute teacher Lauren Rousseau was unable to lock the door because she did not have a key......

The lawsuit alleges that Rousseau (A substitute teacher) "had neither a key to lock the door nor any knowledge of the ... safety and security protocols rehearsed at the Sandy Hook Elementary School in case an intruder or other dangerous individual gained access to the school."

The lawsuit also alleges the town was negligent in not having a more secure entrance way to the school because it did not have bulletproof glass on the front windows and for having doors that couldn't be locked from the inside.

The lawsuit also questions the lack of security in the parking lot area. Lanza parked his car at the curb near the front entrance of the school, less than 100 feet from the entrance............

Town Attorney David Grogins acknowledged that the lawsuit has been filed, but declined to comment on it Monday. The lawsuit is seeking more than $15,000 in damages.

The lawsuit names the town, school board and Sandy Hook Principal Kathleen Gombos, who is erroneously referred to as Sandy Gombos. The lawsuit also inaccurately names the school superintendent.

___________________________________________________________________________________________________________________




redbaron007

Quote from: Rich10 on January 13 2015 08:46:38 AM MST
The first lawsuit, the one against Bushmaster-

{Snip from the Hartford Courant}
The lawsuit is the second one filed since the shooting. The first one against the gun manufacturer, filed at Superior Court in Bridgeport, claims that the Bushmaster AR-15 used by Lanza in the shooting should not be sold to the public because it is a military assault weapon designed for war.

Ten families, including the Pozner and Lewis families, and one of the teachers who was shot and survived are involved in the lawsuit.

That lawsuit will attempt to use what is known as the negligent entrustment exemption. In a negligent entrustment case, a party can be held liable for entrusting a product, in this case the Bushmaster rifle, to another party who then causes harm to a third party.

You hit the nail on the head.......The plaintiffs will struggle in making any connection to Bushmaster for negligent entrustment. If Bushmaster distributed the guns through a licensed dealer, with no knowledge of alleged improprieties by the dealer, then it should/will be dismissed.

Part of the suit does bring up some conversations about the firearm appearing to be a weapon of war and should not be distributed to the public is interesting to say the least. Albeit, it is a legal firearm for lawful sale to the public....it will be interesting to see how it is argued in court.
Some days it's just good to be lucky; rather than just good looking!

gandog56

Quote from: Rich10 on January 13 2015 10:19:13 AM MST
The new lawsuit-

{Snip from Hartford Courant}

At least two families of victims in the Sandy Hook Elementary School shooting have filed a lawsuit against the town of Newtown and the school board, alleging lax security on the day 20 first-graders and six adults were shot and killed...................

The plaintiffs are the estates of slain students Noah Pozner and Jesse Lewis. The children's parents, Leonard Pozner, Neil Heslin and Scarlett Lewis, are the administrators. The families are represented by Norwalk attorney Donald Papcsy, a Sandy Hook resident, who could not be reached for comment Monday..............

(After Lanza shot his way into the school and killed the principle and school psychologist he went to classrooms.....)
In one of those classrooms, substitute teacher Lauren Rousseau was unable to lock the door because she did not have a key......

The lawsuit alleges that Rousseau (A substitute teacher) "had neither a key to lock the door nor any knowledge of the ... safety and security protocols rehearsed at the Sandy Hook Elementary School in case an intruder or other dangerous individual gained access to the school."

The lawsuit also alleges the town was negligent in not having a more secure entrance way to the school because it did not have bulletproof glass on the front windows and for having doors that couldn't be locked from the inside.

The lawsuit also questions the lack of security in the parking lot area. Lanza parked his car at the curb near the front entrance of the school, less than 100 feet from the entrance............

Town Attorney David Grogins acknowledged that the lawsuit has been filed, but declined to comment on it Monday. The lawsuit is seeking more than $15,000 in damages.

The lawsuit names the town, school board and Sandy Hook Principal Kathleen Gombos, who is erroneously referred to as Sandy Gombos. The lawsuit also inaccurately names the school superintendent.

___________________________________________________________________________________________________________________

So what do they want? Every single school to be as secure as a prison? This is why I think all lawyers should be shot. Who talked them into this foolishness?
Some people think I'm paranoid because I have so many guns. With all my guns, what do I have to be paranoid about?

sqlbullet

I love my state.  I just find out which teachers have a CCW and carry and then try to get my kids in their classes.  Add to it the other school staff and incidental parents on campus with ccw, and heaven help the idiot that decides to shoot up a school.

Rich10

Quote from: gandog56 on January 14 2015 09:15:53 AM MST
Quote from: Rich10 on January 13 2015 10:19:13 AM MST


The lawsuit alleges that Rousseau (A substitute teacher) "had neither a key to lock the door nor any knowledge of the ... safety and security protocols .......

The lawsuit also alleges the town was negligent in not having a more secure entrance way to the school ....

The lawsuit also questions the lack of security in the parking lot area. Lanza parked his car at the curb near the front entrance of the school, less than 100 feet from the entrance............

Town Attorney David Grogins acknowledged that the lawsuit has been filed, but declined to comment on it Monday. The lawsuit is seeking more than $15,000 in damages.



___________________________________________________________________________________________________________________

So what do they want? Every single school to be as secure as a prison? This is why I think all lawyers should be shot. Who talked them into this foolishness?

What do they want??  Well, at least $15k....... I don't know, man.  I'm guessing they're liberals.  That means they want it all.  They want complete security (which is impossible) but don't want real solutions or personal accountability.

gandog56

Some people think I'm paranoid because I have so many guns. With all my guns, what do I have to be paranoid about?