Burleson v. Rsr Group Florida, Inc.

981 So.2d 1109 (2007)

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Nature of the Case

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Facts

Stanley bought Herbert Schmidt brand, model 21S, .22 caliber, single-action revolver manufactured in Germany. Sportarms of Florida sold the revolver to RSR Wholesale Guns Dallas, Inc., from which D acquired the revolver on December 21, 1984. On January 8, 1985, D sold the revolver to Mack Brown d/b/a The Trading Post, a federally licensed retail firearms dealer located in Hamilton, Alabama. On April 26, 1985, Stanley completed a federally mandated Firearms Transaction Record and purchased the revolver from The Trading Post. The revolver holds six cartridges. It is a single-action revolver; the hammer must be manually placed in the 'full cock' position and the trigger pulled before the revolver will fire. The hammer is in the 'safety cock' when the hammer is full forward with its face resting on the head of the firing pin. If the trigger is pulled while the hammer is in the 'safety cock' position, the revolver will not fire. The revolver has a manual safety that blocks the fall of the hammer and prevents it from contacting the firing pin. If the manual safety is engaged, the revolver will not discharge under any foreseeable circumstance, including pulling the trigger or dropping the revolver. The owner's manual recommends that those who 'care much about safety' load the revolver with only five cartridges, leaving empty the chamber aligned with the hammer. Stanley had a 'rule' that all firearms he kept in the house be stored unloaded. Stanley was hanging the revolver in its holster on a gun rack in his home when the revolver fell from the holster; it struck a desk and discharged. Stanley was struck in the abdomen by the discharged round and died as a result of the wound. Ps contend that the revolver was defective because it was designed without an internal passive safety device that would have prevented it from discharging when it fell and struck the desk, regardless of whether the manual safety was engaged. In part, Ds contend that Stanley was contributorily negligent because he failed to engage the manual safety and he was putting the revolver away with a cartridge chambered directly in line with the hammer and the firing pin. Ds moved for summary judgment and it was granted on grounds that Stanley was contributorily negligent. Ps appealed.