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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: tejek who wrote (159457)	1/31/2003 12:51:06 AM
From: d[-_-]b	Read Replies (1) \| Respond to of 1583725

tejek, gopbi.com Judge clears gun distributor in Grunow case By Bill Douthat, Palm Beach Post Staff Writer Tuesday, January 28, 2003 WEST PALM BEACH -- The judge in a landmark gun trial overturned the jury's $1.2 million verdict Monday, calling it "fatally inconsistent." Circuit Judge Jorge Labarga's reversal of the verdict against gun distributor Valor Corp. is a huge setback for Pam Grunow, the widow of a teacher killed at Lake Worth Middle School on the last day of school in 2000. A jury of six women on Nov. 14 found Valor partially liable saying it was negligent in distributing the.25 caliber handgun without safety devices. Labarga, who presided over the six-week trial, ruled Monday that the finding of negligence was inconsistent because jurors also found that the handgun was not a defective product. "Cases are legion... that a jury's finding of no defect in a product liability case precludes a negligence claim and requires judgment in favor of the defendant (Valor)," Labarga wrote in an 11-page order. Attorneys for Valor Corp. lauded the reversal. And several jurors who said they reluctantly agreed to the negligence count as a compromise to one or two hold-out jurors said they were relieved. "Oh, my gosh. To me, this is a victory," said Rae Anne Sirota, the jury forewoman who was among four jurors who later said they wanted no liability assessed against the gun distributor. "I'm for Valor 100 percent." The six jurors voted yes to a single negligence count against Valor while voting no on three counts alleging the Broward County company had sold an unreasonably dangerous or defective product. Attorneys for Grunow said they will appeal Labarga's ruling. "Anytime David takes on Goliath, it's a long road and that's what we prepared for," said Rebecca Larson, who argued the case with attorney Bob Montgomery. "It's a disappointment any time a judge overrules a jury in a case that consumed so much time and resources and took an emotional toll on our client," Larson said. Both sides expected the verdict would be appealed, but Monday's events changed which side would be filing the paperwork in the Fourth District Court of Appeal. Labarga's ruling was greeted with gloom at the Brady Center to Prevent Gun Violence in Washington, which had assisted Grunow's legal team. The center, which in November declared the verdict a landmark "against sellers of junk guns," acknowledged Monday's setback. "There are defeats for our side, like this one," said Allen Rostron, an attorney for the Brady Center. "But they go both ways. It's not the end of the game." Rostron said the Grunow verdict already had put the gun industry on notice that lawsuits will be heard by courts. Lawyer assures an appeal But gun industry spokesman Gary Mehalik said Labarga's ruling sends a message that using the courts as a soapbox for political agendas doesn't work. "This is a victory today for the rule of law and common sense," said Mehalik of the National Shooting Sports Foundation, an industry association. "It's really tragic that someone died in all of this," Mehalik said. "Blaming a company that did nothing wrong for the acts of a criminal is really a bad idea." The association's attorney, Lawrence G. Keane, said the Grunow lawsuit illustrates that Congress should adopt reforms to "prevent other misguided suits that harm our economy." Montgomery asked the jury for $75 million in damages for selling the Raven Arms pocket gun used by student Nathaniel Brazill to murder teacher Barry Grunow. Brazill, who was 13 years old at the time of the shooting, was convicted of second-degree murder in 2001 and sentenced to 28 years in prison. Montgomery was traveling Monday in England and could not be reached for comment. Larson said she telephoned Pam Grunow to tell her about the judge's ruling and assure her it would be appealed. "This was never about collecting a judgment, but making a difference," Larson said. Montgomery's civil lawsuit had been watched closely across the nation because it was the first to combine claims that Saturday night specials are inherently defective and should be sold only with safety locks. The complex argument was a poor fit on the verdict forms jurors use. The separate concepts of negligence and liability were blurred in the questions, which would have gone unnoticed if all four answers were either yes or no. The jury's decision to answer three no and one yes raised the question of consistency. Labarga noted the jury decided that the handgun's lack of "reasonable safety measures" did not make it a defective product. At the same time, the jury found Valor negligent for selling the gun without the safety devices. "Florida law says no defect, no liability," said John Renzulli, Valor's lead attorney. "The judge rightly found in Valor's favor." Larson disagreed, saying a distributor can be held liable if its medicines are not defective but its pill bottle comes without a childproof cap. She said the Florida Supreme Court may become the final decision-maker on the issue. Renzulli said Monday's ruling vindicates Valor. "It's what I've been saying from the beginning," Renzulli said. "There is no legal basis for this case."