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Torts Keyed to Duncan
Burleson v. RSR Group Florida, Inc.
Citation:
981 So.2d 1109 (Ala. 2007)Facts
A firearm was imported by Sportarms of Florida, sold to RSR Wholesale Guns Dallas, Inc., acquired by RSR Group Florida, Inc., sold to Mack Brown d/b/a The Trading Post (defendants), and eventually purchased by Stanley Duane Burleson. While Stanley was hanging the firearm on a rack in his home, it fell from the holster, struck a desk, and discharged into his stomach. Witnesses testified that Stanley was safety conscious, had never been in a firearm accident before, and had a rule about keeping firearms in the house unloaded. An expert testified that the firearm could only be discharged if the manual safety was disengaged. Stanley died as a result of wound and his estate (plaintiffs) sued the defendants, alleging negligence under the Alabama Extended Manufacturer’s Liability Doctrine. RSR filed a motion for summary judgment, arguing that assumption of risk and contributorily negligent.
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