| PRODUCTS LIABILITY
On Aug. 20, a judge ruled that a gun maker wasn't to blame for an incident that caused a shooter to lose a finger.
In 2006, Roger Foltz was firing his Smith & Wesson .460 revolver at a shooting range in Goliad County. While shooting, he placed his left hand under the pistol, with his left index finger between the cylinder and the back of the barrel. When he fired, the hot, pressurized gasses escaped in the area where he had placed his finger and partially amputated it.
Foltz sued Smith & Wesson, alleging it should have anticipated that users would place their hand in that position, and he said the company failed to warn of the dangers in doing so.
Smith & Wesson argued the safety manual included with the pistol specifically warned users against placing their fingers where Foltz placed his.
Foltz v. Smith & Wesson Corp., No. 3:08-cv-00858-K
Court: U.S. District Court for the Northern District of Texas, Dallas
Plaintiff's Attorneys: F. Leighton Durham III, Durham & Pittard, Dallas; John T. McDowell, McDowell Wells, Houston
Defense Attorneys: Kurt C. Kern and Jose M. Luzarraga, Hartline, Dacus, Barger, Dreyer & Kern, Dallas; Clem C. Trischler, Pietragallo Gordon Alfano Bosick & Raspanti, Pittsburgh
The verdicts and settlements above are reported and written by VerdictSearch Texas. Additional verdicts can be found in VerdictSearch Texas or at VerdictSearch.com, affiliates of Texas Lawyer.
