The case involved a firearm accessory known as a vertical fore grip. The grip failed while being used by the plaintiff on a bull pup, pump-action shotgun, causing the plaintiff’s left arm (grip in hand) to slide beyond the end of the shotgun’s Picatinny rail and in front of the barrel. The plaintiff sustained a shotgun blast to his wrist and hand area. The incident happened the very first time that the grip was used after being removed from its package. Plaintiff’s counsel pursued theories of breach of express and implied warranties. The case settled for the sum of the manufacturer’s coverage.
[16-T-078]
Type of action: Products Liability – Firearm fore grip
Injuries alleged: Shot gun blast to left wrist
Tried before: N/A
Name of mediator: Judge Michael Allen
Date resolved: April 14, 2016
Special damages: $804,000 in medical bills, which were covered by health insurance
Verdict or settlement: Settlement
Amount: $2,000,000.00
Attorneys for plaintiff: Michael G. Phelan and Jonathan M. Petty, Richmond
Plaintiff’s experts: Robert Jay Block, PE (Associated Metallurgists), Jonathan Isaacs, MD, Santosh Kale, MD
Defendant’s experts: Not disclosed at the time of the mediation