Judge says gunmakers not responsible for use
United Press International
11 May 2000
CHICAGO -- A Chicago judge Thursday dismissed part of a lawsuit, saying gunmakers have "no duty to control the distribution of their products."
The decision came in a suit filed on behalf of the families of a Chicago police officers and two others who were shot to death.
Circuit Judge Jennifer Duncan-Brice, in an 11-page opinion, dismissed portion of the lawsuit that claimed gunmakers should be held liable for what is done with their products. Duncan-Brice wrote gunmaker Smith & Wesson and others "owed no duty to control the distribution of their products to the general public."
The families of slain Chicago Police Officer Michael Ceriale, 26, who was killed during a drug surveillance, Andrew Young and Salada Smith are seeking class action status for their suit against two dozen companies involved in the gun industry. They claim the defendants should be held responsible for negligently entrusting their guns to customers and creating a public nuisance.
The public nuisance portion of the lawsuit will go forward.
A second public nuisance lawsuit against gunmakers also is pending in Chicago courts, filed by the city of Chicago.
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