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Jury Awards Oakland Boy $51 Million in Handgun
Case
ASSOCIATED PRESS
May 7, 2003

Bruce
Jennings, founder of defendant Bryco Arms, has sold
millions of easily concealable, cheap guns frequently used by
criminals and known as "Saturday Night Specials." |
OAKLAND, Calif. -- A jury awarded $51
million Wednesday to a boy who was accidentally shot and paralyzed
in 1994.
An Alameda County jury awarded the
damages to Brandon Maxfield two weeks after concluding that a Costa
Mesa gun maker, Bryco Arms, was partially liable for the accidental
shooting of the boy when he was seven.
Maxfield was shot in the jaw with a
.38-caliber handgun that a family friend was trying to unload.
But it is unclear whether the verdict
will survive. The U.S. House of Representatives has already passed a
bill
to protect gun makers and distributors from being sued for
damages resulting from their products. The bill is now awaiting
Senate action.
Two weeks ago, the jury found Bryco
10 percent liable after concluding the company manufactured a defective
firearm. To unload the weapon, a user must first [disengage the
safety] -- a dangerous and flawed system, according to the
boy's attorney, Richard Ruggieri.
The gun's distributors were found 30
percent liable.
Calls to Bryco went unanswered.
The jury said that one-third of blame
for the shooting falls on Maxfield's parents for leaving a loaded
weapon in their Willits home. Jurors also found the shooter, family
friend William Moreford, 20 percent liable.
If the award survives, each party may
have to pay its percentage of the liability.
"It could potentially be wiped
out by the gun-immunity bill that is pending in Congress right
now," said [attorney] Victoria Ni of Trial
Lawyers for Public Justice, which frequently sues the gun
industry.
The case is Maxfield
v. Bryco, 841636.
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