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Gun industry finds itself at wrong end of the barrel
Brooklyn verdict could "open floodgates"(CNN) -- Controversy has swirled around gun control in the United States for decades, but manufacturers have managed to fend off critics -- and plaintiffs - by claiming that they are not at fault when handguns are used to commit crimes. Recent developments, however, pose a challenge not only to the way the gun industry does its business, but perhaps to its livelihood as well.
In a case bound to rock America's gun industry, a federal jury in Brooklyn, New York, found 15 of the nation's largest handgun makers negligent in their marketing and distributing practices. In the past, gun companies have defeated lawsuits charging that they made defective guns or objects that were inherently dangerous, but the Brooklyn suit was the first to take a broader perspective and charge them with negligent marketing. The cities of New Orleans, Chicago, Atlanta, Bridgeport and Miami-Dade have also sued gun manufacturers and industry groups, and a number of other cities -- Los Angeles, Boston, Philadelphia, St. Louis and San Francisco among them -- are expected to follow. Philadelphia Mayor Edward G. Rendell has proposed that as many as 100 suits be filed on the same day to overwhelm the industry. And Chicago Mayor Richard M. Daley warned in December that "this is just the beginning."
The Brooklyn caseThe Brooklyn suit was viewed as a test case for anti-gun suits brought by cities. Some predict that the verdict in the case could set off a free-for-all in which the industry might be forced to pay large sums for damages to cities around the country. It could also lead to restrictions on marketing and production as well. "I thank God, we absolutely won," said lead plaintiff Freddie Hamilton, whose son, Njuzi, was slain in 1993. She predicted the verdict would bring a "new phase" of litigation against the firearms industry. Families of six homicide victims and the severely wounded man brought the civil lawsuit against 25 gun manufacturers, seeking millions of dollars in compensation. In the one case where the shooting victim survived, the jury assessed the gun manufacturers $4 million in damages. But the victim, Steven Fox, and his mother will get only a portion of that -- a sum in excess of $500,000. No damages were awarded to families of the dead, an issue that one juror said divided the panel in its six days of deliberations. The February 11 verdict cleared 10 of the 25 manufacturers named in the suit of negligence. "We have seen some things they did that helped take guns off the street ... and stuff like that, that a lot of others didn't do," juror Charles Beatty said. A lawyer representing six of the companies said all efforts will be made to have the verdict overturned. The plaintiffs in the Brooklyn case argued handgun makers "oversupply" gun-friendly markets, mainly in the South, aware that the excess guns flow into criminal hands via illegal markets in New York and other states with stricter anti-gun laws. Gun industry attorney James Dorr said it was unfair to "hold the manufacturers of a lawful, legitimately sold product responsible for acts of outlaws who are totally outside their control.... The case is simply wrong."
The industry vs. citiesSince efforts to toughen laws at the state and national level have been frustrated by powerful industry lobbyists, the new approach is to achieve in court what has failed in boardrooms. Unlike individuals, cities have the resources to hire high-powered lawyers and go toe-to-toe with the industry. Violent crimes involving handguns cost millions of dollars in police, ambulance and hospital expenses. Chicago is asking for $433 million in its suit for costs incurred only since 1994. The tactic worked against the tobacco industry, which has far deeper pockets than the gun industry. The prospect of another big payday, Tom Cochran of the Conference of Mayors told the New York Times, has lawyers "seeing green." "This area of law is where tobacco was 10 years ago: it's ripe," says Temple Law School professor David Kairys, who is helping Philadelphia plot its strategy. "Their marketing is their weakness. There are some promotions out there that bring Joe Camel to mind."
A study by a New York corporate consulting firm found that gun manufacturers oversupply states like Florida where laws are weak, knowing the overflow will wind up in the black market. It also found that manufacturers "substantially and disproportionately" increased production of guns like the 9 mm semi-automatic pistols favored by criminals. New Orleans claims that the industry has violated state gun safety laws by failing to install high-tech gun locks and other devices that would prevent unauthorized users from firing them. Chicago is suing the industry for contributing to a "public nuisance" by oversupplying surrounding suburban stores with guns, knowing that the surplus will find its way into the city where laws are tight. RELATED STORIES: N.Y. jury finds some gun makers liable in shootings RELATED SITES: U.S. Bureau of Alcohol, Tobacco and Firearms
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