Trask v. Olin Corporation

298 F.R.D. 244 (2014)

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Nature of the Case

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Facts

Wayne Trask, Beth Trask, and A.T. (a minor) (Ps) filed suit against D for products liability over an allegedly defective Winchester Model 94 firearm. Wayne and A.T. were seriously injured when the rifle fell from a tree and shot them both. The hammer was half-cocked and had struck an object in the fall and accidentally discharged. The fired bullet traveled through Wayne Trask's knee and hand, and then through A.T.'s hand. Ps claim that the Model 94 was defective in three ways: (1) the firearm malfunctioned and accidentally and/or unintentionally discharged without its trigger being depressed; (2) it had an ineffective or defective safety device and was improperly designed, lacking the necessary equipment to make it safe; and (3) it was not properly labeled with adequate warnings. Ps claim that D was negligent in three ways: (1) in designing and/or manufacturing and/or assembling and/or selling a firearm with inadequate and/or defective safety devices and measures; (2) in designing and/or manufacturing and/or assembling and/or selling a firearm with a design which would permit it to accidentally discharge without the trigger being depressed; and (3) in failing to warn of the dangers. In discovery, Ps sought information from D about other incidents involving accidental discharges without regard to the position of the hammer. The court sided with Ps and ordered the discovery. D asked for reconsideration.