Wednesday, January 21, 2009
Indiana Supreme Court allows nuisance claim vs gun manufacturers
Jonathan Turley reports today that, the Indiana Supreme Court has ruled that a lawsuit by the City of Gary against a gun manufacturer on a nuisance theory can proceed to trial. These lawsuits have been uniformly rejected on various grounds. Yet, Gary with one of the nation’s highest homicide rates will be allowed to sue companies like Smith and Wesson, Beretta and Colt as well as gun dealers for the harm caused by their products. Professor's Turley's comment (including links to a decision in Rhode Island which reached the opposite conclusion) is available here. The Court's opinion is available here.