$50 Million Award in a California Gun Liability Case

By DEAN E. MURPHY
New York Times
May 8, 2003

Bryco Arms made this J38 semiautomatic pistol, and millions of other junk guns known as "Saturday Night Specials."

OAKLAND, Calif., May 7 - A jury here today awarded $50.9 million in compensatory damages in an accidental shooting for which a California gun maker, its designer and its main distributor had been found partly liable.

The shooting in 1994 left a 7-year-old boy paralyzed when his baby sitter accidentally discharged a .38-caliber semiautomatic while trying to unload it. The boy, Brandon Maxfield, was shot in the chin. 

The case has been closely watched by gun control advocates because it is unusual for a jury to hold a manufacturer responsible in a shooting accident. Over the years, the gun industry has argued successfully that the weapons are legal and are performing as intended when they kill or injure.

It is also possible that the verdict could be nullified by legislation in Congress that would protect from such lawsuits manufacturers, distributors, dealers and importers of firearms "that operate as designed and intended."

The bill passed the House on April 9, and is now being considered by the Senate, where it has 52 co-sponsors. It is supported by the National Rifle Association and the gun industry.

Victoria Ni, a staff lawyer with Trial Lawyers for Public Justice, a public interest law firm that advised Brandon, said that under a complex formula of liability, the gun's maker, Bryco Arms; its designer, Bruce Jennings; and the company's main distributor, B.L. Jennings Inc., would together be held responsible for at least one-third of the damages.

A spokeswoman for Judge John F. Kraetzer of the Alameda County Superior Court, who heard the case, could not say how the damages would be divided.

Last month, the jury also found the baby sitter, Larry Morefold, and Brandon's parents, who had bought the gun, partially liable for the accident. In addition, two other gun distributors and the pawnshop where the gun was sold were found liable.

Ms. Ni and gun control advocates said the large award was unusual and broke new ground for advocates of greater gun safety features.

"I don't know of any jury verdict of this kind that has this kind of number attached to it," Ms. Ni said. "I think it will be a shock to the industry, and hopefully a wake-up call for them to behave responsibly and create safer products."

Michael C. Hewitt, the lawyer representing Bryco and Mr. Jennings, could not be reached for comment. But Chuck Michel, a spokesman for the California Rifle and Pistol Association, predicted the verdict would be overturned on appeal.

"Every time they get something like this, they claim it is a watershed issue," Mr. Michel said of gun control proponents, "and then it gets overturned on appeal, and no press release is released."

Mr. Michel said he was not familiar with the details of the Brandon Maxfield case, but he rejected the general notion that the gun industry was not creating safe products.

"To the extent they need to send a message, no message is needed to be sent," Mr. Michel said. "The gun industry is already doing everything it can to minimize accidents."

Ms. Ni said the accident occurred after Mr. Moreford, Brandon and another child heard a disturbance outside. One child became scared and retrieved the gun, she said. Mr. Moreford had to turn off the safety when he tried to unload the gun, she said.