Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Suit Highlights Need To Enact Reckless Lawsuit Preemption Legislation

Sunday, March 20, 2005

As we`ve lately reported in the Grassroots Alert, "The Protection of Lawful Commerce in Arms Act" was recently introduced in Congress as S. 397 in the U.S. Senate, and H.R. 800 in the U.S. House. This NRA-backed lawsuit preemption legislation protects law-abiding firearm manufacturers from reckless, predatory lawsuits.

Another example of the need for such legislation surfaced recently as a negligence and negligent entrustment suit was brought against retail giant Wal-Mart by one of its employees.

Marsha Midgette, an employee of Wal-Mart, was tragically injured when her husband shot her in the head during an altercation inside a Wal-Mart store, then turned the gun on himself. Earlier that evening, Mr. Midgette had purchased ammunition from the same Wal-Mart store. Marsha Midgette sued her employer, Wal-Mart, for negligence in failing to protect her from her husband, and for negligent entrustment for selling ammunition to him. Wal-Mart filed a motion for summary judgment on the grounds that they owed no duty to protect Marsha Midgette from her husband`s criminal acts.

On March 3, in a non-published opinion, the United States Court of Appeals for the Third Circuit affirmed the decision of the Eastern District of Pennsylvania, granting summary judgment in favor of Wal-Mart Stores, Inc., in the action.

The Eastern District of Pennsylvania granted Wal-Mart`s motion for summary judgment, holding that, "As a general rule under Pennsylvania law, absent a pre-existing duty, a party cannot be held liable for the criminal actions of a third party unless that party assumed a duty, through some act of its own."

The Court held that Wal-Mart had found no duty owed to Marsha Midgette, and that even if there was a duty owed, it was not breached. The Court further held that Wal-Mart could not be found to be the legal or proximate cause of Mrs. Midgette`s injuries. "If the people closest to the situation could not have anticipated it, we cannot expect that Wal-Mart could foresee [Mr. Midgette`s] actions....Certainly, no reasonable jury could find that the shooting would have been foreseen by an ordinary person as the natural and probable outcome of Defendant`s legal sale of ammunition."

Regarding the sale of ammunition to Mr. Midgette, the Eastern District of Pennsylvania also granted Wal-Mart`s motion for summary judgment on the grounds of negligent entrustment. The Court found that, "Based on the record before us, we find that no reasonable jury could conclude that Wal-Mart knew, or should have known, that [Mr. Midgette] either intended or was likely to use the ammunition Wal-Mart sold to him to risk harm to anyone."

In conclusion, the Court held that, "…Wal-Mart did not breach any duty that it may have owed to Plaintiff, and that any breach of duty perceived by Plaintiff could not constitute the legal cause of Plaintiff`s unfortunate injuries…Thus, there are no issues of material fact for a jury to address."

Though this common sense decision bolsters NRA`s contention that these suits are without merit, the daunting cost to lawful manufacturers and sellers of firearms (currently estimated at well over $200 million) to defend themselves against this litigation seriously threatens the future of lawful firearm commerce in America. Of course, the anti-gun litigation strategy isn`t necessarily to win any of these suits (as they have failed to do thus far), but rather to bankrupt the industry through overwhelming litigation costs. Despite yet another court victory for the lawful gun industry, the continuance of these suits being filed demonstrates the pressing need to pass federal legislation to end them once and for all.

Please continue to contact your U.S. Senators and your U.S. Representative and ask them to cosponsor and support S.397 and H.R. 800. And please let them know, in no uncertain terms, that you consider any votes in support of anti-gun amendments to this legislation as a vote against the underlying bill itself!

To access the most up-to-date information on this issue, please go to the "Stop Reckless Lawsuits Against the Firearm Industry" heading at, www.NRAILA.org, and click the "Take Action" button. This function will allow you to easily send an e-mail or letter to your U.S. Representative and U.S. Senators. Please forward this link to your family, friends, and fellow firearm owners.

TRENDING NOW

Saturday, April 21, 2018

Florida Alert: YETI Drops NRA Foundation

For years YETI Coolers have been a hot item for sportsmen at the Friends of NRA Foundation Banquet and Auction events around the country.  Suddenly, without prior notice, YETI has declined to do business with The ...

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

News  

Second Amendment  

Friday, April 20, 2018

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

Dick’s Sporting Goods took their campaign to alienate law-abiding gun owners to an extraordinary new level last week. The beleaguered retailer announced that in addition to removing certain types of semi-automatic rifles from their stores, the company ...

News  

Tuesday, April 24, 2018

ALERT ! YETI Adds Insult to Injury

If it wasn’t bad enough that YETI dropped The NRA Foundation as a client, now they’re calling us liars because we informed our members and friends of their actions.  

NRA Statement on Passage of the National Defense Authorization Act

News  

Tuesday, December 12, 2017

NRA Statement on Passage of the National Defense Authorization Act

National Rifle Association Institute for Legislative Action executive director, Chris W. Cox, released the following statement on Tuesday regarding President Donald Trump's signature on the National Defense Authorization Act

Another Group of Anti-Gun Celebrities Forms!  In Other News, The Sun Rose Today.

News  

Second Amendment  

Friday, April 20, 2018

Another Group of Anti-Gun Celebrities Forms! In Other News, The Sun Rose Today.

In case you were worried there were not enough anti-gun organizations working to eradicate the rights of law-abiding gun owners, a new one has formed, and it’s called NoRA.  Get it?  The name implies that the ...

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Sunday, April 22, 2018

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Several pro- and anti-gun bills are scheduled to be heard in their respective committees on Monday, April 23 and Tuesday, April 24.  Please contact the members of the respective committee and urge them to SUPPORT ...

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

News  

Friday, April 20, 2018

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

America, and the NRA, lost a true friend and a staunch defender of freedom with the passing of R. Lee Ermey on April 15 from complications of pneumonia. He was 74 years old. 

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

News  

Second Amendment  

Friday, April 20, 2018

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

Like the long-delayed coming of spring to the Mid-Atlantic, evidence is appearing that Americans are regaining their senses and reverting to an instinctual embrace of freedom after a withering barrage of some the nastiest and most ugly ...

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

Monday, April 23, 2018

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

With the April 25th deadline approaching, the Illinois state Senate is expected soon to consider overriding Gov. Bruce Rauner’s veto on legislation that would drive your local gun stores out of business with onerous red tape ...

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.