Sanders v. American Body Armor and Equipment, Inc.

Facts

The Plaintiff, Warren Sanders, was a law enforcement officer employed by the Jacksonville Sheriff’s Office. While participating in an undercover investigation, heavy gunfire occurred and the Plaintiff was killed. The Plaintiff was shot a total of fifteen times. Expert testimony stated that the Plaintiff died of two fatal bullet wounds. One was to the abdomen and one was to the chest and both happened split seconds apart. One bullet was from a fellow officer and one came from an assailant.

At the time of his death, the Plaintiff was wearing a vest sold and manufactured by the Defendant, American Body Armor and Equipment, Inc. This vest met specifications put together and submitted by the sheriff’s office. Although the Defendant had several styles of vest available, the style chosen by the sheriff’s office was a “buttfit” style, which was what the Plaintiff was wearing at the time he was killed. The “buttfit” style had front and back panels extending to and abutting or joining on each side of the chest. The area of the body at the point of joinder of the panels on each side of the chest was not protected as the panels did not overlap. One of the fatal bullets entered the Plaintiff’s body at this unprotected point. The other fatal bullet entered the Plaintiff at his abdomen at a spot below and outside of the vest area.