LEO's pistol jammed, so widow sues Beretta
I feel bad for the woman, but...
Slain Officer's Widow Sues Gun Maker And Suspect
Monday, 03 September 2007
The Huntsville Times
The widow of Huntsville Police Officer Daniel Golden, who was killed when his gun jammed while answering a disturbance call at a Mexican restaurant on Jordan Lane in 2005, is suing the man accused of shooting him, the restaurant owners and the maker of the gun Golden was carrying.
Birmingham attorney Matthew C. Minner filed the lawsuit Wednesday on behalf of Donnesa M. Golden, the slain officer's beneficiary and widow, seeking unspecified damages.
Las Americas LLC, which does business as Taqueria Jalisco Mexican Restaurant, also known as Jalisco Grocery, is one of the defendants. Capital murder suspect Benito Ocampo Albarran and the Beretta USA Corp., a weapons manufacturer, are also named as defendants.
The lawsuit states that the owners and operators of Taqueria Jalisco were negligent and reckless by providing alcoholic beverages to Albarran while he was already visibly intoxicated.
According to records in the Alabama Secretary of State's office, the registered agent of the Las Americas LLC is Jose F. Albarran, of 235 West Valley Ave., Birmingham.
The lawsuit also claims that Beretta USA Corp. breached its performance warranty because Golden's firearm failed and he was killed in the line of duty, the lawsuit said.
Minner and corporate agents for Las Americas and Beretta USA Corp. could not be reached for comment Friday.
On Aug. 29, 2005, Golden responded to a domestic violence call at 2548 Jordan Lane, the lawsuit said. There Golden encountered an intoxicated Benito Albarran who initiated a gunfight, the lawsuit said.
Golden was using a semi-automatic pistol made by Beretta in the way it was intended to be used, the lawsuit said.
"During the course of that gunfight, the Beretta firearm malfunctioned and jammed, rendering Officer Golden defenseless," the court papers say. "Benito Ocampo Albarran, recognizing the officers plight, approached Officer Golden and, at point-blank range, placed his gun to the head of Officer Golden and fired two shots, fatally wounding him."
The lawsuit asks that a jury determine an amount to satisfy the damages suffered by Golden's survivors
Slain Officer's Widow Sues Gun Maker And Suspect
Monday, 03 September 2007
The Huntsville Times
The widow of Huntsville Police Officer Daniel Golden, who was killed when his gun jammed while answering a disturbance call at a Mexican restaurant on Jordan Lane in 2005, is suing the man accused of shooting him, the restaurant owners and the maker of the gun Golden was carrying.
Birmingham attorney Matthew C. Minner filed the lawsuit Wednesday on behalf of Donnesa M. Golden, the slain officer's beneficiary and widow, seeking unspecified damages.
Las Americas LLC, which does business as Taqueria Jalisco Mexican Restaurant, also known as Jalisco Grocery, is one of the defendants. Capital murder suspect Benito Ocampo Albarran and the Beretta USA Corp., a weapons manufacturer, are also named as defendants.
The lawsuit states that the owners and operators of Taqueria Jalisco were negligent and reckless by providing alcoholic beverages to Albarran while he was already visibly intoxicated.
According to records in the Alabama Secretary of State's office, the registered agent of the Las Americas LLC is Jose F. Albarran, of 235 West Valley Ave., Birmingham.
The lawsuit also claims that Beretta USA Corp. breached its performance warranty because Golden's firearm failed and he was killed in the line of duty, the lawsuit said.
Minner and corporate agents for Las Americas and Beretta USA Corp. could not be reached for comment Friday.
On Aug. 29, 2005, Golden responded to a domestic violence call at 2548 Jordan Lane, the lawsuit said. There Golden encountered an intoxicated Benito Albarran who initiated a gunfight, the lawsuit said.
Golden was using a semi-automatic pistol made by Beretta in the way it was intended to be used, the lawsuit said.
"During the course of that gunfight, the Beretta firearm malfunctioned and jammed, rendering Officer Golden defenseless," the court papers say. "Benito Ocampo Albarran, recognizing the officers plight, approached Officer Golden and, at point-blank range, placed his gun to the head of Officer Golden and fired two shots, fatally wounding him."
The lawsuit asks that a jury determine an amount to satisfy the damages suffered by Golden's survivors
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I hope she wins.
I remember when one could expect guns to function out of the box, gun parts to fit, magazines to feed, ammunition to feed and sights to be on target.
Suitability for purpose is a part of contract law.0 -
But, what about the ammunition manufacturer? 0 -
quote:Originally posted by v35
I hope she wins.
I remember when one could expect guns to function out of the box, gun parts to fit, magazines to feed, ammunition to feed and sights to be on target.
Suitability for purpose is a part of contract law.
I don't know... I mean I'm sorry for her loss but to sue the gun company ? What was the condition of the firearm ? Was the weapon on "safe" while holstered either because of department policy or he just carried it that way? Was it properly maintained by the officer or was he one of those cops who wouldn't touch it let alone clean it until he had to qualify? We don't know. Personally, I think this case should be dismissed.0 -
quote:Originally posted by v35
I hope she wins.
I remember when one could expect guns to function out of the box, gun parts to fit, magazines to feed, ammunition to feed and sights to be on target.
Suitability for purpose is a part of contract law.
Or, you could start remembering the time when guns were manufactured to be sold to the public, but are no longer, because they could not guarantee that the gun would never jam or malfunction ever, no matter what sort of care the owner took or failed to take.0 -
quote:Originally posted by v35
I hope she wins.
I remember when one could expect guns to function out of the box, gun parts to fit, magazines to feed, ammunition to feed and sights to be on target.
Suitability for purpose is a part of contract law.
Yes, but only REASONABLE suitability. The product need not function PERFECTLY. If that were the requirement, no one would make anything because they would be driven out of business in about 3 seconds by plaintiffs suing because a given item didn't work absolutely flawlessly.
We live in the real world. We cannot sanitize, control, predict, child-proof, and micromanage everything. We can't even do it with ANYTHING. Accidents happen, tragedies occur, and we used to accept that as part of the human condition and the instability and unpredictability of life. Now, when something happens, we look for someone to sue to "make it right" and "make sure it doesn't happen to someone else."0 -
Sue everyone mentality in this country, any time something bad happens, must find someone to blame and someone to sue. I wonder if the widow came up with the idea of suing Beretta or some money hungry attorney planted the idea in her head....I am betting it was the attorney. 0 -
I doubt Glock is in any way responsible. Their guns are bought because of price and reliability. [I've had several Sigs that were 100%, and I hear the same for Glocks. The difference would be the price tag].
It wouldn't surprise me to hear Glock offered the widow half a million dollars, which the lawyer advised she refuse.0 -
lawyers. greed. blame. money. 0 -
I hope she loses. 0 -
Sperry- Read it again, its a Beretta, not a Glock.
What kind of malfunction did it have? a stovepipe jam, a casing got wedged as the slide closed? something that takes 2 seconds to fix?
I find it hard to believe a jam gave the intoxicated drunk (they said he was already drunk before the restaurant served him more booze) enough time to realize the officers gun had jammed, close to point blank distance, and put his gun right to the officers head.
It just doesn't make sense, maybe the officer emptied his clip and was fumbling around for another? The officer had inadequate training with his pistol (gee... now they can sue the PD for not providing enough training)
I just don't see how a jam would give a drunk enough time to mentally process what happened, much less actually act on it, much less stick his gun to the officers head before firing, without the officer attempting any hand-to-hand.
What ever happened, attributing it to a gun jamming just doesn't seem logical, and thats not even touching on questions of how the officer maintained his weapon0 -
hmm thats why i carry a back up [:D] 0 -
quote:Originally posted by CA sucks
What ever happened, attributing it to a gun jamming just doesn't seem logical, and thats not even touching on questions of how the officer maintained his weapon
I agree. Not enough information. Plus I've never known a police officer to not have a backup gun! Kind of sounds like the guy charged him from up close and was on top of him before he could react. But thats just more guessing.
Allen0 -
Will never hold up in a court of law...
Here's some other frivalous lawsuits:
1) Woman sues Toyota for getting injured in wreck while not wearing seatbelt. Claims there was no seatbelt directions.
2) People sue McDonalds for getting fat
3) Black Judge sues dry cleaners for 5 million because they lost his pants
Someone pickup no 4 for me!0 -
ALWAYS carry a backup. 0 -
He was probably was trying to shoot Glock ammunition in his Beretta.
Doug0 -
According to the article.. During the course of the gunfight.. In other words the Beretta did in fact fire.. and then jammed. So the gun did work at one time. And I suspect the gun did work when practicing and qualifying. Either a fail to feed ammo issue ( wrong ammo , bad ammo ) or operator error.. limp wrist. Where was the backup weapon? Hung jury.. 0 -
This will be interesting and I hope we read about the outcome. It's going to be tough to prove that Beretta was responsible through defective manufacturing. Their lawyers are going to want to thoroughly inspect the weapon and ammunition. Who knows the last time the LEO cleaned it or fired it? If the gun was seriously defective, they may have a case but are more likely looking for a quick "nuisance settlement". It's routine to go after the "deepest pockets" in any lwasuit since Beretta has more money than the shooter or the restaurant. 0 -
my berettas are 100% reliable. i would stake my life on them. 0 -
Right-o
Beretta. the M9 our troops are complaining as much about in the field.
Ask Polite Psycho what he thinks about Berettas.0 -
FWIW- was aware of a case where a party was injured while trespassing on a road under construction- was riding a bike, hit a barricade. He sued the contractor, company that made his bike, company that sold him his bike, maker of his helmet, and K MART for selling him the helmet. It's called the "Principle of the machine gun"- put enuff bullets out there, you will hit SOMETHING. The fact that the idiot ignored the billboard sized ROAD CLOSED NO TRESPASSING KEEP OUT signs was of course, not material to his lawsuit. (BTW- He lost)[:p] 0 -
quote:Originally posted by Gotteskrieger
my berettas are 100% reliable. i would stake my life on them.
Berettas are good, but only until they break. Once you put a lot of ammo through them, though, parts wear out like any other gun. I've seen trigger return springs, extractors, and other parts just flat-out break during operation. Luckily, the malfunctions I've seen occurred at the qualification range, or during cleaning, not in life/death situations.0 -
...Im sorry for the cop and his family...it's always sad when some scumbag kills someone who is actually a contributing memeber to society, especially a cop.
To sue for the malfunction of the gun is nuts. There are about 1,000 variables of why the gun malfunctioned, non of which may have anything to do with the quality of the gun. Sue sue sue...thats the answer for all things now, and the reason crap is like it is in this country, no tag at school, locks built into guns, playgrounds dissappearing, Christ it's pathetic...[xx(]
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Tap...Rack...Bang... 0 -
I feel bad for the widow, but agree this is ridiculous.
Sounds like she has a lawyer with dollar signs in his eyes who's hoping for an out of court settlement. Besides how frivolous this suit is on face value, there's another aspect here that possibly gives some insight into how her attorney thinks.
Notice the incident occurred 8-29-05 but this lawsuit wasn't filed until 8-26-2007? I don't know the time limit after the fact for filing such a lawsuit in Alabama, but I suspect it's two years.
For several reasons, if their case is weak it's a common civil attorney scheme to wait until just before the statute of limitations runs out before actually filing. Records/reports can become lost, which makes things hinge on witness testimony instead of documentation. It's much easier for an attorney to twist witnesses' words than dispute documentation. After this long, the memories of any potential witnesses will also have begun to fade, possibly causing details of their testimony to conflict with their original statements and hopefully even with other witnesses' testimony. Letting time pass is also rolling the dice that people's loyalties might change, leading to more favorable testimony or possibly even new witnesses, such as a disgruntled Beretta employee or Huntsville PD officer.
Keep in mind that the burden is different in civil court as compared with criminal court. They don't have to prove anything beyond a reasonable doubt, just by a majority of the evidence presented.
The attorneys of the party being sued realize all this, making them more likely to just throw out a settlement offer instead of taking risks in court.0 -
quote:Originally posted by Grunt2
Tap...Rack...Bang...
thats what i was thinking
i have never seen a jam that "rendered the gun useless" that wasn't ammo related, or in the case of a beretta an after market magazine, allot of leo beretta's are dao which may have helped a bit with short stroking it, and not allowing it to reset properly0 -
so will the widows laywer et al. be responsiable for proving that pistol jammed because of a manufacuring problem not any other possiable reason??? I kinda of think its weird they jump to 'defective manufacturing' unless they already have history of other Berettas of that model/lot number/style jamming. 0 -
Heard nothing but bad things about Beretta and this just adds to it. Will surely never own one. 0 -
quote:I've seen trigger return springs, extractors, and other parts just flat-out break during operation.
If this were the case, there might be some merit to the case, but something breaking is different from a jam.
quote:Tap...Rack...Bang...
exactly, care to explain how this short sequence lead to his death-
Its in the middle of a gunfight, so there was some distance between them. And the guy is drunk.
*Gunshots fired* -the drunk is not wearing hearing protection, so his ears are ringing.
*Tap* - his ears are ringing, and hes drunk, he doesn't immediatley realize the cop pulled the trigger but the gun didn't fire.
*rack* - the drunk realizes the cops gun had jammed, but will now be ready to fire again in 0.1 seconds
- Drunk moves like the flash from the comic books- alcohol gives him super powers, he closes the distance, and places his gun up to the officers head without the officer even reacting or trying to grab the drunk's hands/gun.
*Bang* *Bang*
This sequence just doesn't make sense.
His gun jammed and caused his death -> BS, sounds to me more like the drunk got the drop on the cop and that was that.
Sue the drunk, jail the drunk, execute the drunk- of course he was probably an illegal with no money anyway.0 -
quote:Originally posted by CA sucks
...of course he was probably an illegal with no money anyway.You're correct.0 -
None of you know enough to comment on this.
I will say that I have sued a gun manufacturer before over an AD. I won't tell you the brand name, but suffice it to say that it is a well known and respected manufacturer, and I had an expert drop the very same gun, and it fired, and I have it on videotape.
The gun was owned by a cop, and it fell from his locker, and it ended up shooting him up the leg and out his upper back.
I spent over $20,000.00 of my own money on this case. Do you think I did this for shi-s and giggles?
Any attorney with 1/2 a brain isn't going to sue Beretta lightly. They'll flatten him in a second. There's no reason for Beretta to pay a "quick settlement". And if the case is truly crap, the court can sanction the parties and the attorneys for filing a crap lawsuit.
We don't know what happened. I can think of a dozen different reasons why the gun may have jammed, related to the magazine alone. Did a lip break off of the mag? Did it become unseated? Did it double feed? Did the extractor not pull out the spent cartridge? Did the ejector break off?
Should ANY of that have happened?
As far as I am concerned, guns are a sacred thing. You don't design a gun in a half-a$$ way. You are relying on this thing to save your life. It damn well better fire when you pull the trigger. Likewise, there is no reason that ANY gun should fire until the trigger is pulled. Period.0
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