Home Forums Hunting & Shooting Ask The Gunwriters Injury from Mossberg 100 ATR--3 men hurt thus far

Hey MAh,first off WELCOME to ya! Now,you won't find me anywhere on the MANY pages of this thread. I was involved in similar threads on other forums maybe a year or so ago and we found out what has been found out here. Something definitely happened. The reason I posted was to give you my opinion on that used Howa SS rifle. If it's a decent price on a Howa in decent shape,get it.

Thanks for the welcome..... very good informational site!!!!! RE Howa. Local shop has it.......... 30 06 stainless with polymr stock. $325.

Sounds like a decent deal. I've had a Howa(S&W)for more than 25+ years and it seems to get better with age.If you want more input maybe start a thread at"Hunting Rifles". I can tell ya though that Howas/Vanguards have a good following here and elsewhere. Some custom makers are using the actions as a basis for their work. GOOD LUCK!

Thanks EZ, as a matter of fact I started a thread under Elk hunting as this all started when I decided to do an elk hut in the fall and need a shooter for that trip. I was just about to purchase the Mossberg 100 atr until I read this thread..... I now have been overloaded with information. I am so confused right now it will take a week to sink in. NOTHING but great people and fantastic suggestions...... a lot of which would have taken months for me to pick up on. Please take a look at the thread and let me know what you think.

What ever happened to this controversy?

Anybody out there buying the Mossberg bolt action? Did they stop production?

I took pictures of one that disassembled its bolt after shooting less than a box of factory ammo.

No doubt you have purchased the used Howa by now. Smart move, but if you are interested, you can see the ATR pictures here.

https://www.24hourcampfire.com/ubbth...&topic=0&Search=true#Post2621471

Ted

I recently purchased a Mossberg Whitetail Lightning combo in .308 from Dick's Sporting Goods, then found this thread about the 100 ATR bolt issue (the combo comes with the 100 ATR Owner's Manual so it's the same gun but with the new Lightning Bolt Action trigger and a slightly different wood stock). Looks like the Fla. case originally cited in this thread was dismissed on 3/26/09 per item #250 on the link below.

Cotterill v. O.F. Mossberg [url=http://www.boliven.com/legal_proceeding/8:07-cv-00262-JSM-TBM?q=][/url]


Any legal folk around to peruse that page and tell us what happened exactly? Checked the bolt on the new gun and it still looks like the photo in the original post.

the lawyers from St. Louis who represented Olin are the ones I work with for Winchester ammo and Winchester/USRAC cases...they are very good. Looks like they beat up the plaintiffs pretty good in pre trial procedure.

Case was dismissed without prejudice....I can open the documents on Pacer when I get back to my office Friday and post them.

Thanks for taking a look. It would be interesting to know details of the plaintiff's accident/injury and the mitigating factors of same as presented by the defense. Please post any add'l info if you do take a look at the case files. Without looking it up, I assume "Dismissed without prejudice" is kind of a stalemate as opposed to a Summary Judgement?

talked to my friend who represented Olin on the ammo claim, they got dismissed early....nothing wrong with the ammo.


he said the plaintiff was a real piece of work.....he had broken the gun, then disassembled the bolt himself and "put it back together" but didn't get it right....his buddy looked at the bolt and said "that ain't right, better not shoot it like that" but the dumbass shot it anyway, and the improperly reassembled bolt flew out the back.

I'll get the dismissal order and see what happened and post it.

the dismissal order is a standard settlement dismissal....the amount paid, if any, won't appear in the court records.

Steve,
Why would there be an "amount paid" if the case was dismissed?

because they could settle out of court.

Lay out your reasons?

if i asked for a gun and you refused to order it, i would walk out and never come back again. your job is to sell me a gun, not be Obama and tell me what i REALLY want.

Ah ha - proof positive that it was Mossberg's fault. It was Mossberg who did not weld the bolt permanently closed at the factory and then did not take positive action to prevent it being sold to an idiot. Had they done either, this tragedy would not have occurred.

the case is dismissed when it is settled

It would appear from scanning the transcript that a summary judgement in Mossbergs favor was granted for charge V whatever that was and all other charges were given a dismissel without prejudice which as I under stand means the plainteff can refile these charges. I do hope no one on this forum ever needs an attorney and goes to one who has read some of these replies.

a dismissal without prejudice is entered when parties agree that the case is settled, but the deal isn't complete until the check is delivered and the papers signed.....after the money actually changes hands and the releases are signed, a "with prejudice" dismissal is filed with the court.

this is usually referred to as a "60 day dismissal" in federal court...if something goes wrong and the settlement blows up or doesn't get funded timely, the plaintiff can reinstate the case within 60 days.

I would love to know what Mossberg paid.....would bet it was less than cost of defense.

Not that it matters any, but one of the first mossjunks that i laid my hands on was broken! When you "closed the bold" the lugs did not enguage and you could remove the bold from battery by simply pulling it back. I guess these crap boxes are press fit. Granted it was a gunsmith who showed me this rifle, but the owner found out the hard way. Was not hurt fortunately. This is nothing like the remington deal. On a Remington, the only way someone would get hurt is if the 10 commandments of gun handling were not being followed and some moron pointed the gun at someone. With the mossy, safe use could mess you up bad! I hope they dont loose thier butt, but i do wish they would pull this piece of crap from the market.