Judge dismisses suit against gun maker
HARTFORD, CONN. — A judge Friday dismissed a wrongful-death lawsuit by Newtown families against the maker of the rifle used in the Sandy Hook Elementary School shooting massacre, citing an embattled federal law that shields gun manufacturers from most lawsuits over criminal use of their products.
State Superior Court Judge Barbara Bellis granted a motion by Remington Arms to strike the lawsuit by the families of nine children and adults killed and a teacher who survived the Dec. 14, 2012, school attack, in which a gunman killed 20 first-graders and six educators with a Bushmaster AR-15-style rifle made by Remington.
The families were seeking to hold Remington accountable for selling what their lawyers called a semi-automatic rifle that is too dangerous for the public. Their lawyer vowed an immediate appeal of Friday’s ruling.
The judge agreed with attorneys for Madison, N.C.-based Remington that the lawsuit should be dismissed under the Remington Arms attorney James Vogts, left, and attorney Joshua Koskoff, representing families of victims of the Sandy Hook massacre, argue their points in court this year. federal Protection of Lawful Commerce in Arms Act, which was passed by Congress in 2005 and shields gun makers from liability when their firearms are used in crimes.
But the families’ attorneys argued that the lawsuit was allowed under an exception in the federal law that allows litigation against companies that know, or should know, that their weapons are likely to be used in a way that risks injury to others.
Besides Remington, other defendants in the lawsuit include firearms distributor Camfour and the now-closed store Riverview Gun Sales.