Published: Wed, November 15, 2017
Worldwide | By Isabel Fisher

Court hears appeal in Newtown shooting case

Court hears appeal in Newtown shooting case

A lower court dismissed the lawsuit previous year, ruling that a federal law protects the gun manufacturer.

The Newtown families who lost their children in the Sandy Hook Elementary School massacre are asking the Connecticut Supreme Court to reconsider their lawsuit to hold the gun maker responsible. James Vogts, lawyer for Remington, says the company is protected by the 2005 Lawful Commerce in Arms Act that shields gun makers from liability in shootings.

Remington did not respond to requests for comment.

"Soldiers go through more than 100 hours of extensive training and they're carefully screened for mental illness before being issued the weapon", he said.

The lawsuit was dismissed about a year ago; however, the families are hoping the decision will be reversed. "The courtship between Remington and Adam Lanza is at the heart of this case".

Josh Koskoff, lawyer for the victims' families, compared it to "the Ford Motor Company advertising a vehicle that can run over people" and said that kind of advertising attracts "dangerous users", including Lanza.

Attorney for Remington Arms James Vogts argues before the state Supreme Court in Hartford Conn. Tuesday
Attorney for Remington Arms James Vogts argues before the state Supreme Court in Hartford Conn. Tuesday

Families of victims in one of America's worst mass shootings pushed again Tuesday to hold gun manufacturers responsible for the 2012 massacre that killed 20 small children and six adults.

The families said Lanza was part of that demographic and cited media reports saying he previously expressed a desire to join the army.

Lawyers for the defense have noted the gun was lawfully sold to and purchased by the shooter's mother, Nancy, before she was murdered by the shooter.

The argument has historically been used where someone lends a auto to a high-risk driver who goes on to cause an accident. "Under the law - federal law and CT law - the manufacturers and sellers are not responsible for the crimes and the harm they cause".

The Sandy Hook families' case rests on whether the company negligently entrusts a buyer with a weapon, which is an exception to the federal law.

Attorneys for the family argued in court documents and in the Connecticut Supreme Court in Hartford on Tuesday that an exception to the 2005 law allows lawsuits against companies that know or should reasonably be expected to know that their products are likely to be used "in a manner involving unreasonable risk of physical injury to the person or others".

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