CT Judge denies manufacturer motion to dismiss in Sandy Hook case... [View all]
"Superior Court judge has denied a motion to dismiss a lawsuit accusing gun makers and sellers of liability in the Sandy Hook Elementary School shooting, saying the broad immunity granted to the firearms industry does not strip the court of jurisdiction to hear the claim."
While the Protection of Lawful Commerce in Arms Act generally insulates gun companies from liability, Judge Barbara Bellis said the law could be used to attack the legal sufficiency of the plaintiffs' claims, but not to have the case thrown out at this early stage.
Attorneys for the plaintiffs nine victims' families and an administrator who was shot and survived declared the ruling a major win, as victories against firearms companies are extremely rare. But the ruling does not preclude the defendants from reasserting their claims of immunity under federal law in a future motion.
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"At this juncture," Bellis wrote, "the court need not and will not consider the merits of the plaintiffs' negligent entrustment theory."
http://www.courant.com/news/connecticut/hc-sandy-hook-gun-lawsuit-dismissal-denied-20160414-story.html