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
0
-
A shame for the cop and family... 0 -
quote:Originally posted by RobOz
Wouldn't have happened with a Glock.
You're right.
Instead of being dismissed Glock usually has to settle out of court with a no-disclosure clause. [;)][:D]0 -
All the years I spent in the Marines 99% of misfires that I witnessed was operator fault. usually a dirty weapon. I do not know if this is the case but none of you know what happened also. 0 -
I bet it comes out that he hadn't properly maintained his weapon. 0 -
She needs to sue the department's trainer, who failed to properly teach "jam clearing drill." Apologies if anyone already suggested that. I didn't read all the comments. 0 -
There is a jack-hat that works where I do that sued because his holster allegedly made the gun release the magazine.
http://www.huntchat.com/showthread.php?t=187730 -
quote:Originally posted by minitruck83
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.
Allen
Most of the cops I work with and know don't carry back ups. Less and less carry back ups these days, atleast in my region of the country.
The plaintiff is just going for any deep pocket they can find, most likely looking for a quick settlement. They probably figure Beretta would prefer to avoid the bad PR. There are so many variables that could effect the functioning of a pistol that it is a hard case to make in front of a reasonable jury. I can pretty much guarantee that the PD has not maintained that pistol per manufacturers specific maintenance recommendations including scheduled small parts replacement. Not to mention the age of the gun, the condition the officer kept it in, the age of the ammunition and condition of the ammunition.
Throw what you can at the wall and see if it sticks. I am surprised they aren't suing the PD and the ammunition company.0 -
There isn't a mechanical tool on earth that isn't subject to failure no matter how good it is. It's an assumed risk and life is full of them....
quote:breached its performance warranty Most warranties don't assume responsibility for breakage...A warrantee is not a guarantee something won't break. A warrantee assumes responsibility for the repair of that breakage (within it's limitations).
The article mentions failure and malfunction which are not one in the same. Did it fail (break) or did it malfunction? BIG difference........0 -
i can see going after the PERP. But the restauraunt and the gun manufacture come on. This gets rediculous its like somebody getting in a crash on a snow road and dying. Then the family suing the state for the road not handling snow, the car company for not good enough brakes or tires on the vehicle, and suing the weatherman for not saying it was going to snow.
sad situation, but its right time and right place and when people die they usually have a slice of the responsibility pie whether it be intentional or not. For example the guy signed up to be a cop, and maybe he did not know how to properly maintain or operate his weapon system.0 -
The original thread is from 2007 folks, it is OLD!!! 0
Please sign in to leave a comment.
Comments
70 comments