Parents of theater shooting victim lose lawsuit against ammo sellers

[Captain Obvious]

http://www.denverpost.com/news/ci_27802303/parents-theater-shooting-victim-lose-lawsuit-against-ammo?source=top_stories_bar


The parents of a woman killed during the Aurora movie theater shooting lost their bid Friday to hold ammunition sellers liable for the attack.

Sandy and Lonnie Phillips, whose daughter, Jessica Ghawi, was one of 12 people killed in the July 2012 attack, had sued four online retailers (http://www.denverpost.com/news/ci_27723954/federal-judge-considers-pleas-dismiss-case-against-ammo) that provided bullets, gun magazines and body armor alleged to have been used in the shooting. They accused the retailers of selling the items without concern about the mental fitness of the buyer (http://www.denverpost.com/ci_26544265/theater-shooting-victims-parents-sue-ammo-seller) or the items' intended use.

The retailers "established and operated businesses which attracted — and catered to — dangerous persons such as (James) Holmes," the couple's complaint argued, "and yet they failed ... to reasonably screen to prevent such dangerous people from obtaining arms."

In an order issued Friday, Senior U.S. District Judge Richard Matsch ruled state and federal laws protect ammunition sellers from such lawsuits. He dismissed the case.

The Phillipses' lawsuit, Matsch wrote, tries "to have it both ways." In spots, the lawsuit argues the retailers should have known that Holmes intended to use the large quantity of ammunition or other items he was buying for an attack. And in other parts, Matsch wrote, the lawsuit argues the retailers knew nothing about Holmes when they sold him the items.

"Looked at in the aggregate and retrospectively," Matsch wrote, "it could be inferred that Holmes' purchases were consistent with planning criminal activity but such an inference is unreasonable under the facts pleaded."

[Peter1469]

No surprise. The lawyers who brought the case should be sanctioned.

[Captain Obvious]

No surprise. The lawyers who brought the case should be sanctioned.

I'm guessing they collected their fees.

[GrassrootsConservative]

Lol 3 thanks at once.

[Don]

If the suit had gone through it would have been the death knell for liquor stores. Tens of thousands of drunk nuts with mental problems out there killing everyday with cars, knives, guns, clubs, fists and feet, etc, etc, etc.

[Peter1469]

I'm guessing they collected their fees.

I don't know what their fee agreement was. I would think perhaps contingency? If so, they don't get anything.

[PolWatch]

If the suit had gone through it would have been the death knell for liquor stores. Tens of thousands of drunk nuts with mental problems out there killing everyday with cars, knives, guns, clubs, fists and feet, etc, etc, etc.

can't someone like a bartender be sued if he serves a drunk and the drunk kills someone while driving home?

[Captain Obvious]

can't someone like a bartender be sued if he serves a drunk and the drunk kills someone while driving home?

Yes, it's a big deal for bar owners.

[Peter1469]

can't someone like a bartender be sued if he serves a drunk and the drunk kills someone while driving home?

Yes, if they reasonably should have known that the person was too intoxicated. (State by state though).

[Captain Obvious]

Yes, if they reasonably should have known that the person was too intoxicated. (State by state though).

Geez, I'm dating myself now but when I was in my 20's it wasn't like that at bars. I remember being at a bar on the Southside of Pittsburgh called Brewski's with a couple of buddies. A guy at the bar was drinking a shot and tilted his head back, fell backwards clean off the barstool. The bartender looked at me and said "I hope he's driving, he's too drunk to walk".

:biglaugh:

[Dragonborn Herald]

Good. it is unconstitutional to hold some people for the crime of another.

The people who did the crime are the ones who should be held responsible, not those who sell the ammunition.

[Common]

It was a frivolous lawsuit in my opinion, you dont blame anyone but the person who pulled the trigger. Its like suing Honda if a guy a kills someone in his CRV drunk

[GrassrootsConservative]

No, but we should sue Honda for making the CRV. Fugly car.

[Captain Obvious]

No, but we should sue Honda for making the CRV. Fugly car.

http://img2.netcarshow.com/Pontiac-Aztek_Rally_2004_800x600_wallpaper_01.jpg

[PolWatch]

it looks like most of the other cars on the road....they all look the same to me

[Ravens Fan]

http://img2.netcarshow.com/Pontiac-Aztek_Rally_2004_800x600_wallpaper_01.jpg

I worked at a Pontiac dealer when they brought those ugly things out. No one there wanted to be seen in them.

[Peter1469]

If the ammo failed to work, the shooter would have a lawsuit. :smiley:

[donttread]

No surprise. The lawyers who brought the case should be sanctioned.

Even the libs at "Trial Lawyers r us" can't really think this could win. If this case won, every time someone misused a car, a knife, a boat, a baseball bat, a tire iron ..... well you get the idea

[exotix]

*Thanks man, my defense attorney appreciates that*


http://www.gannett-cdn.com/-mm-/2d42e3d51377640b4c5a1c5238608d8404a47242/c=4-0-2000-1500&r=x404&c=534x401/local/-/media/WMAZ/WMAZ/2013/11/08/1383963126000-james-holmes.jpg

[Mac-7]

can't someone like a bartender be sued if he serves a drunk and the drunk kills someone while driving home?

So true.

whose side were you on when the underage black kid got arrested for presenting a false id at a bar outside his university?

As I recall most members of the lib posse were making excuses for the black kid instead of the bar owner and the cops who tried to enforce the law.

[Cthulhu]

No surprise. The lawyers who brought the case should be sanctioned.
And beaten with whiffle bats until they have holes in their skin.

Sent from my evil, kitten eating cell phone.

[Don]

it looks like most of the other cars on the road....they all look the same to me

https://youtu.be/aATh0-TUMaI

[Adelaide]

This probably means the parents/family of Sandy Hook won't win their lawsuit against the gun manufacturer. I think they do have a chance with Lanza's estate.

[Captain Obvious]

This probably means the parents/family of Sandy Hook won't win their lawsuit against the gun manufacturer. I think they do have a chance with Lanza's estate.

There's a federal law that protects gun manufacturers from liability for crimes committed with guns.

[texan]

http://www.denverpost.com/news/ci_27802303/parents-theater-shooting-victim-lose-lawsuit-against-ammo?source=top_stories_bar


They should have to pay the court costs for bringing this frivolous lawsuit to the table and making the people waste their time and money. Gold Diggers!

[Captain Obvious]

They should have to pay the court costs for bringing this frivolous lawsuit to the table and making the people waste their time and money. Gold Diggers!

Calling them gold diggers is harsh, they lost a daughter. To be honest, I don't blame them for their actions, I just think it was a futile and misguided attempt.

[PolWatch]

If anyone should be charged with filing a frivolous law suit, it should be the attorney. Some attorneys contact people who have experienced any sort of loss and suggest law suits. Its where the term 'ambulance chaser' came from.

[Mac-7]

Calling them gold diggers is harsh, they lost a daughter. To be honest, I don't blame them for their actions, I just think it was a futile and misguided attempt.

They could be gold diggers.

It would not be the first time.

[Don]

If anyone should be charged with filing a frivolous law suit, it should be the attorney. Some attorneys contact people who have experienced any sort of loss and suggest law suits. Its where the term 'ambulance chaser' came from.

Better call Saul.

Lawyers and law firms who advertize on TV get people to see dollar signs. The ones that get me are the ton of ads wanting to help people sue drug and medical device manufacturers. There are a lot of the "bad drug" ads. What gets me is that every one of those "bad drugs" and faulty medical devices were approved by the FDA but the FDA can't be sued.

[Peter1469]

This probably means the parents/family of Sandy Hook won't win their lawsuit against the gun manufacturer. I think they do have a chance with Lanza's estate.

If Lanza's estate has anything in it... They will win that law suit.

The lawsuits against gun manufactures have not worked and likely only will if evidence that the manufacturers are actively selling guns to criminals comes to light. You can't get them on product liabilities laws because that applies when the item fails to work as intended. That doesn't seem to be the case here.

[donttread]

This probably means the parents/family of Sandy Hook won't win their lawsuit against the gun manufacturer. I think they do have a chance with Lanza's estate.

The manufacturer of any tool or device might be liable for malfunction of said tool or devise, but should not be held liable when said tool or devise is deliverrtly used to hurt someone. Doesn't matter if it's a gun or a hammer. If this crap ever suceeds all it will do make tools and devices more expensive and class action asshole law forms rich. This was a nice line in the sand but we must be eternally viglant. Oh, my bad we as a people suck at that.