From the Post Falls Press, Post Falls, Idaho
Gun accident prompts man to sue rifle company, Wal-Mart
Posted: Friday, Oct 24, 2008 - 10:25:00 pm PDT
Email this story Printer friendly version By TOM GREENE
Staff writer
James Monette lost 'practical use of his hand' when weapon misfired
COEUR d'ALENE -- A Coeur d'Alene man is suing a rifle-making company and Wal-Mart after a gun he bought at the store in Post Falls allegedly exploded, permanently injuring his hand.
James Monette bought the Mossberg 100 ATR 30-06 Springfield hunting rifle as a Christmas present for his son in 2005, according to court documents.
While elk hunting in October 2006, Monette was handing the rifle to his son when "it misfired and the bolt action exploded sending parts (including the rifle's bolt) and fragments into Monette's right hand causing severe injuries ..." according to the complaint filed in district court Oct. 21.
"It cost him the practical use of his hand. He can use the hand, but he can't grip and he can't write," said James Siebe, Monette's attorney.
The complaint was filed against the Mossberg Corp. and its subsidiaries, Wal-Mart and the bullet manufacturer Remington Arms Company. A Wal-Mart representative said Friday the company had no comment at the time since its legal counsel has not had a chance to review the case. Joe Bartozzi, general counsel for Mossberg Corp., did not return phone calls.
The bullet manufacturer Remington Arms Company was named as a defendant in the lawsuit "in the event that any or all other named defendants claim that the ammunition was defective," according to court documents.
Siebe said he is also working with two other men in two other states who had similar issues with rifles manufactured by Mossberg.
"One guy had his face blown off and with the other guy it nearly severed his hand," Siebe said.
The lawsuit is asking for a judgment in excess of $10,000. Siebe said the final amount is expected to be "substantially more" than $10,000.
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Last edited by panhandle; 10/25/08.
