Nature of the Case
To access this section all you need to do is click here and register.
Facts
Day (P) bought a .41 magnum single action revolver that had been manufactured two years before by Sturm (P). P purchased the unit new. P was sitting in his pickup truck and decided to unload his gun. As he was unloading the revolver, the gun slipped out of his hands. When he grabbed for the gun, it fired, the bullet striking his leg and causing serious injuries. D's instruction booklet accompanying the revolver warned that the gun could be fired from the loading notch position by exerting 'excessive pull on the trigger.' This warning was set off from the rest of the instructions in a separate box. P filed suit against D on a theory of strict tort liability, and a claim for punitive damages. It was P's contention that the hammer had been on the loading notch and that the gun fired after he accidentally pulled the hammer off that notch, presumably by pulling the trigger as he caught the falling gun. P got the verdict as the jury determined that the revolver had a manufacturing defect as well. The jury awarded $137,750.00 in compensatory damages and $2,895,000.00 in punitive damages to P. D appealed.
Support@ bsmsphd.com
Casebriefs Co