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Gilbert Kelly Wins Shotgun Products Liability Motion for Summary Judgment January 21, 2010 (Los Angeles) Two years ago, a client approached Gilbert, Kelly, Crowley & Jennett LLP partner Jon Tisdale and asked him to defend an Italian shotgun manufacturer on a products liability/negligence case filed in Nevada District Court. The client specifically asked that Mr. Tisdale undertake the lead defense in Nevada, not monitor local counsel, and Mr. Tisdale was appointed pro hac vice to practice in Nevada. The plaintiff, an experienced shooter who worked for Sporting Clays magazine, was severely injured when the .12 gauge over-and-under shotgun exploded in his hands at a shooting competition. This was a complicated products liability case with 6 other defendants including the shooting club, the manufacturer of the ammunition, the promoter of the event, etc. Many depositions were taken all over the country. The evidence supported the conclusion that the gun exploded due to a barrel obstruction, from whatever source, although it was suspected that a smaller .20 gauge shell was first loaded into the gun and then a .12 gauge shell was loaded on top of it, causing a “.20/.12 burst.” Believing that plaintiff would have a difficult time demonstrating a defect in design or manufacture, Jon Tisdale and GKC&J partner Jennifer Calderon wrote a Motion for Summary Judgment. They were told that “these motions are not granted in Nevada.” On December 10, 2009, following a 4 1/2 hour hearing in Las Vegas, their Motion for Summary Judgment was granted, in its entirety, as to all 8 causes of action, against Gilbert Kelly’s client. Moreover, although Gilbert Kelly was the only non-Nevada firm in the case, their client was the only defendant to get out of the case. |
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