|
Visit the Press Room for more breaking
news
Contact Chris Mather, 202-965-3500 x369
Award Honors Brandon Maxfield’s Suit Against Deadly Weapons-Maker
Bryco Arms
(Tuesday, July 26, 2005) - San Rafael, California attorney
Richard R. Ruggieri and his client, Brandon Maxfield, who brought
a landmark case against “Saturday Night Special” gun manufacturer
Bryco Arms, have been named the winners of the 2005 Steven J. Sharp
Public Service Award, the Association of Trial Lawyers of America
(ATLA) announced today.
The Sharp Award, which is given each year to the ATLA member whose
case most exemplifies the power of the American civil justice system,
is named for Steven Sharp, an Oregon teenager. Steven lost both arms
when they were trapped in a defective tractor hay baler. Steven won
an $8.5 million jury verdict against the tractor company. The company
appealed, but on June 24, 1999, the Wisconsin State Supreme Court
affirmed Steven’s case. His story helped defeat a federal products
liability bill that would have limited the legal rights of all American
families.
This year’s case, Maxfield vs. Bryco, was brought by
Ruggieri on behalf of a young California man named Brandon Maxfield.
Brandon was accidentally shot in the face when he was just seven years
old, by a defectively designed Bryco pistol which discharged while
being unloaded. As a result, Brandon is paralyzed below the neck for
life.
Because of Brandon’s courage and Ruggieri’s commitment
to this case, on May 7, 2003, a jury of the Superior Court of the
State of California in Alameda County unanimously awarded $50.9 million
in compensatory damages to Brandon. The jury found gun designer Bruce
Jennings, Bryco Arms, and its distributor B.L. Jennings, Inc. partially
liable for knowingly designing unreasonably dangerous and defective
products, and the Court entered a judgment of $24 million against
Bryco Arms, Bruce Jennings, and B.L. Jennings, Inc.
But the battle wasn’t over. Not surprisingly, Bryco and Jennings,
filed for bankruptcy days after the verdict. Jennings moved across
the country to Daytona Beach, Florida, purchased a $500,000 annuity,
and paid cash for a $900,000 home and hangar, which housed his Lamborghini
and other expensive cars and several aircraft.
Determined to keep fighting, Brandon Maxfield began a fundraising
campaign, using the Internet and word-of-mouth, to raise money to
buy the bankrupt company. He wanted to melt down the remaining inventory
of guns and weapons, so that no one else would be hurt or killed.
In an amazing effort, Brandon raised over $500,000—but it still
wasn’t enough to top the bid of Bryco’s plant manager in
bankruptcy court, who, it is now apparent, was financed in his bidding
by money traced back to the Jennings family.
The re-formed company, now known as Jimenez Arms, and its sole distributor,
Shining Star Investments, are owned by the former plant manager and
Bruce Jennings’s second ex-wife, Janice Jennings respectively.
And the Jimenez JA-9 pistols they make and sell include the same safety
defect as the Bryco's—a manual safety that must be set to "fire"
before the gun can be unloaded. Bryco has yet to provide any compensation
to Brandon.
Ruggieri’s fight for his client continues, but because of his
and Brandon’s tireless efforts, they nonetheless succeeded in
capturing the attention of the United States Congress, the national
news media, and the American public with Brandon’s story.
At a time when Congress is working to prohibit gun lawsuits and shield
weapons manufacturers from liability, this case is an inspiration
for advocates of safe products and legal accountability. Richard and
Brandon’s perseverance has sent an unmistakable message about
the importance of the civil justice system and its role in achieving
fairness for all Americans.
# # #
As the world's largest trial bar, ATLA
promotes justice and fairness for injured persons, defends the constitutional
right to trial by jury, and strengthens the civil justice system through
education and disclosure of information critical to public health
and safety. With 60,000 members worldwide, ATLA provides lawyers with
the information and professional assistance they need to serve clients
successfully and protect the democratic values of the civil justice
system.
|
