close

Privacy guaranteed - Your email is not shared with anyone.

Injury leads to $2.1M judgment against muzzleloader manufacturer

Discussion in 'The Okie Corral' started by Smashy, Mar 5, 2010.

  1. Smashy

    Smashy

    Messages:
    12,303
    Likes Received:
    132
    Joined:
    Jan 22, 2007
    Location:
    Southwestern Oregon
    By The Associated Press
    March 03, 2010, 2:59PM

    FRANKLINTON, La. -- A Washington Parish jury has awarded $2.1 million to a Franklinton man who was severely injured when the ramrod for a muzzle-loading shotgun fired into his wrist in 2004.

    Knight Rifles of Decatur, Ala., will appeal both Monday's verdict for Phill Junkins and the amount of the award, attorney Robert Maxwell of Metairie said Wednesday. He said $2.1 million is more than Louisiana juries award in most death cases.

    Junkins' attorney, Julie Baxter of Baton Rouge, said an ember remained in the gun and Junkins was following proper procedures when he was injured March 31, 2004, while loading a Knight Rifles TK 2000 shotgun.

    She said the Knight Rifles manual failed to warn users that a "latent ember" might remain in the gun after it was fired.

    According to Maxwell, Junkins said he had fired only a primer -- a small charge designed to clear the breech -- before loading the gun.

    Maxwell said videotaped tests played during the trial showed that primer residue lasts only a few thousandths of a second rather than the two to three minutes Junkins said he waited to load.

    He argued that a bit of cotton that remained from the primer charge couldn't have set off the black powder because the cloth smolders at 400 degrees, while black powder burns at 800.

    The current manual, printed in 2007, did include a warning to swab out the barrel after firing a bullet -- something not included in the 2004 manual. But, said Maxwell, Junkins hadn't fired any bullets.


    http://blog.al.com/spotnews/2010/03/louisiana_jury_returns_21_mill.html
     
  2. Dalton Wayne

    Dalton Wayne Epic mustache Millennium Member

    Messages:
    12,633
    Likes Received:
    11
    Joined:
    Apr 5, 1999
    Location:
    Central Florida
    Somethings fishy I hope Knight wins.
    Regards
    DW
     

  3. RWBlue

    RWBlue Mr. CISSP, CISA CLM

    Messages:
    23,765
    Likes Received:
    954
    Joined:
    Jan 24, 2004
    I am thinking this is the correct answer.

    I have been doing this for years without issue.
    go to range with stored gun.
    Fire primer to be sure the breach is dry and clear.
    Weigh out powder and dump in
    add bullet or bullet with sabot

    Fire arms are inherently dangerous, Blackpowder guns even more so.
     
  4. Burn

    Burn Taco Hack

    Messages:
    1,650
    Likes Received:
    0
    Joined:
    Oct 6, 2001
    Location:
    El Paso, TX
    knights has already lost.
     
  5. okie

    okie GT Mayor

    Messages:
    64,670
    Likes Received:
    1,546
    Joined:
    Oct 28, 2001
    Location:
    Muskogee Ok.
    This:nailbiting:
     
  6. Palouse

    Palouse The Resistance Lifetime Member

    Messages:
    4,058
    Likes Received:
    1
    Joined:
    Feb 27, 2006
    Location:
    Washington State
    And they said they would appeal.
     
  7. walt cowan

    walt cowan

    Messages:
    12,749
    Likes Received:
    4,256
    Joined:
    Feb 18, 2005
    Location:
    Absurdistan
    why didn't it go off when he poured the powder in?
     
  8. DARKSHADOW

    DARKSHADOW My Work Hobby CLM

    Messages:
    1,902
    Likes Received:
    2
    Joined:
    Aug 10, 2005
    Location:
    Florida
    So the lawyer said this, and not the plantiff. I wonder if the plantiff even completly read the owners manual before use.
     
  9. DARKSHADOW

    DARKSHADOW My Work Hobby CLM

    Messages:
    1,902
    Likes Received:
    2
    Joined:
    Aug 10, 2005
    Location:
    Florida
    Good question.
     
  10. Skyhook

    Skyhook

    Messages:
    13,068
    Likes Received:
    1
    Joined:
    Nov 4, 2002
    Location:
    USA
    Not Knight, but I tried to position my wrist over the ram rod while loading my TC Encore... :upeyes:


    As someone already said.. fishy.

    Are guns supposed to be 100% idiot-proof??
     
  11. walt cowan

    walt cowan

    Messages:
    12,749
    Likes Received:
    4,256
    Joined:
    Feb 18, 2005
    Location:
    Absurdistan
    if he was able to pour the powder and not have it go off, then run the ramrod down the pipe and not have it go off and place his wrist over the barrel and rod and have it go off, huh?:dunno: if it went off with the rod in the pipe, the rod should have been forced through his fingers, right? what was he doing? leaning on it? :dunno:
     
  12. ElevatedThreat

    ElevatedThreat NRA Member

    Messages:
    3,947
    Likes Received:
    2
    Joined:
    Oct 26, 2005
    Knights is unfortunately out of business, no?

    -ET
     
  13. Smashy

    Smashy

    Messages:
    12,303
    Likes Received:
    132
    Joined:
    Jan 22, 2007
    Location:
    Southwestern Oregon
  14. carrynaspringfield45

    carrynaspringfield45 Dirk

    Messages:
    121
    Likes Received:
    0
    Joined:
    May 18, 2009
    Location:
    MI
    Perhaps he was smoking while shooting / loading.
     
  15. Smashy

    Smashy

    Messages:
    12,303
    Likes Received:
    132
    Joined:
    Jan 22, 2007
    Location:
    Southwestern Oregon
    Well, he sure was afterwards. :supergrin: