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Old 02-08-2015 | 07:08 AM
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Big Uncle
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Lewy v in the Eighth was an appeal that remanded to a new trial. This is a small excerpt:

"Finally, we have some doubts as to whether the defective design of the Lewy rifle was the proximate cause of the injuries sustained by Mrs. Lewy. Liability cannot be placed on a manufacturer of a defective product without a showing that the defect was the proximate cause of the plaintiff's injury. See Prosser and Keeton on Torts �� 102, at 710 (W. Keeton 5th ed. 1984). The undisputed facts reveal that Mike Lewy adjusted his rifle's trigger pull in apparent disregard of the owner's manual which warned against owner adjustments of the rifle. Remington's test of the rifle shows that in this altered condition the rifle would fire on release of safety nine out of thirteen trials. However, when returned to factory specifications the Lewy rifle did not FSR once in fifty trials."

Lewy had left a loaded rifle in the house and later while unloading it he shot through the ceiling and hit his mother in the leg. Lewy was awarded $20,000 in damages and $400,000 in punitive in the original case. The original case was full of problems and it was determined that Remington did not receive a fair trial.

Rem appealed to the Eighth District. There are many references to other cases against other manufacturers, etc. but none that I saw referenced Remington. The Eighth remanded to a new trial. I lost the trail at this point.
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