The frivolous lawsuit filed by a minority of Sandy Hook Elementary school parents against Bushmaster and Remington Arms has been dismissed.
A Superior Court judge has thrown out the lawsuit against the gun maker brought by the families of the Sandy Hook tragedy.
In a 54-page decision filed Friday afternoon, Judge Barbara Bellis granted a motion to strike the entire lawsuit brought against the gun maker,Remington Outdoor Company, the dealer, Camfour Inc. and the company that owned the gun store, Riverview Sales where A___ L___’*s mother bought the assault rifle.
The judge ruled the lawsuit does not satisfy the exception to federal law preventing lawsuits against gun manufacturers for the actions of gun owners under either the federal Protection of Lawful Commerce in Arms Act (PLCAA) or the Connecticut Unfair Trade Practices Act (CUTPA).
“Although PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law,” the judge wrote. “A plaintiff under CUTPA must allege some kind of consumer, competitor, or other commcercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.”
We commented on the sad absurdity of this case back in February.
The exploitative lawsuit filed by Koshoff, Sterling, and Mesner-Hage is based on the theory of “negligent entrustment.” The plaintiff’s argument is that the Freedom Group, which owns Bushmaster Firearms, the manufacturer of the XM15-E2S, marketed their guns in such a way as to encourage violent crazy people to buy them. Of course, the Sandy Hook murderer didn’t buy the carbine he used in his attack. He murdered his own mother to gain access to it.
But hey, reality be damned; lawyers wanna get paid.
Further, these shysters are arguing that AR-15s—the most common rifle sold in the United States year after year, used in more than a half-dozen kinds of formal shooting competitions, for informal target shooting, home defense, hunting, and simply for fun—is a “weapon of war” that no civilian should have.
The semi-automatic AR-15s sold to U.S. civilians, of course, are not used in combat by any known military on earth.
Militaries instead use selective-fire M16s and M4s, which American civilians have not been able to buy from manufacturers at any price since the Hughes Amendment passed as part of the Firearm Owners Protection Act in 1986.
The vultures of Koskoff Koskoff and Bieder are arguing that the most common rifle sold in the United States, which is, as a subset of rifles is one of the least likely instruments of murder in the nation, should be banned. Put bluntly, these attorneys appear to be hoping to find a way to sue gun companies out of existence, and get rich in the process.
The judge has a very simple choice in this case.
She can allow the continuance of an obviously frivolous lawsuit filed by unscrupulous attorneys, and set the stage for every company in the world to be sued out of their existence due to their choice of advertising, or she can throw this case out.
Let’s hope Bridgeport Superior Court Judge Barbara Bellis is not among the world’s crazy people.
Clearly, Judge Barbara Bellis did not buy the argument made by lead attorney for the plaintiffs, Joshua Koskoff, who argued that the American people are “notoriously incompetent,” and unfit to own guns in common use.
Full Article – http://bearingarms.com/bob-o/2016/10/14/breaking-frivolous-lawsuit-sandy-hook-deaths-dismissed/
