24hourcampfire.com
24hourcampfire.com
-->
Previous Thread
Next Thread
Print Thread
Hop To
Page 24 of 26 1 2 22 23 24 25 26
Joined: May 2015
Posts: 42
B
Campfire Greenhorn
OP Offline
Campfire Greenhorn
B
Joined: May 2015
Posts: 42
[/quote]I am far from confused and my statements are spot on from a factual and legal perspective.

I know precisely how an Encore works (used to own a couple), and I also know what you have stated was at issue in your case. That you can't put that together is rather more telling than most anything else you've posted.

It mattered quite a bit what you've posted here and elsewhere. Had you been completely forthcoming from the beginning you'd have been and would be far more sympathetic and believable. As it is, you come across as someone who made a string of errors all of which your own doing and the results were a severe injury that you then sued someone else to cover and a sympathetic jury gave you just barely enough credit for your injury to make an award. You've taken that ball and run with it, and the facts that have come to light sense would give any decent attorney more than enough grounds to request a retrial or grounds for an appeal.

Your actions further have shown a severe and personal interest in damaging T/C's brand and name in spite of (and in fact often due to the concealment of) material facts. Again, T/C - if successful on retrial or on appeal - may very well pursue a libel action and I'd not want to be you trying to explain all these myriad song-and-dance routines to a judge or jury looking to see whether your intent in posting the same was malicious.

That's not an attack, Brian, it's an opinion and one founded on a good bit more than just trying to remember points from 10 years of litigation that are only favorable to my side.[/quote]


4ager,
Your statements are ridiculous.

Feel free have your misguided to opinion.

Last edited by Brian_Ward; 06/01/15.

Joined: May 2015
Posts: 42
B
Campfire Greenhorn
OP Offline
Campfire Greenhorn
B
Joined: May 2015
Posts: 42
Originally Posted by RickyD
Originally Posted by JP_Lucas
I have two Fox Ridge barrels and they have T/C Custom Shop stamped on them.
Did TC send headspace gauges with them?


That would be a big NO!

Joined: Nov 2014
Posts: 1,376
L
Campfire Regular
Offline
Campfire Regular
L
Joined: Nov 2014
Posts: 1,376
No there were no instructions to check headspace.

Joined: Oct 2004
Posts: 24,667
Campfire Ranger
Offline
Campfire Ranger
Joined: Oct 2004
Posts: 24,667
Originally Posted by Brian_Ward
[/quote]I am far from confused and my statements are spot on from a factual and legal perspective.

I know precisely how an Encore works (used to own a couple), and I also know what you have stated was at issue in your case. That you can't put that together is rather more telling than most anything else you've posted.

It mattered quite a bit what you've posted here and elsewhere. Had you been completely forthcoming from the beginning you'd have been and would be far more sympathetic and believable. As it is, you come across as someone who made a string of errors all of which your own doing and the results were a severe injury that you then sued someone else to cover and a sympathetic jury gave you just barely enough credit for your injury to make an award. You've taken that ball and run with it, and the facts that have come to light sense would give any decent attorney more than enough grounds to request a retrial or grounds for an appeal.

Your actions further have shown a severe and personal interest in damaging T/C's brand and name in spite of (and in fact often due to the concealment of) material facts. Again, T/C - if successful on retrial or on appeal - may very well pursue a libel action and I'd not want to be you trying to explain all these myriad song-and-dance routines to a judge or jury looking to see whether your intent in posting the same was malicious.

That's not an attack, Brian, it's an opinion and one founded on a good bit more than just trying to remember points from 10 years of litigation that are only favorable to my side.


Sir,

I still haven't heard what exactly happened; did the action indeed come open during firing?


4ager,
Your statements are ridiculous.

Feel free have your misguided to opinion. [/quote]

Joined: Jul 2011
Posts: 23,453
Campfire Ranger
Offline
Campfire Ranger
Joined: Jul 2011
Posts: 23,453
Originally Posted by Brian_Ward
[/quote]I am far from confused and my statements are spot on from a factual and legal perspective.

I know precisely how an Encore works (used to own a couple), and I also know what you have stated was at issue in your case. That you can't put that together is rather more telling than most anything else you've posted.

It mattered quite a bit what you've posted here and elsewhere. Had you been completely forthcoming from the beginning you'd have been and would be far more sympathetic and believable. As it is, you come across as someone who made a string of errors all of which your own doing and the results were a severe injury that you then sued someone else to cover and a sympathetic jury gave you just barely enough credit for your injury to make an award. You've taken that ball and run with it, and the facts that have come to light sense would give any decent attorney more than enough grounds to request a retrial or grounds for an appeal.

Your actions further have shown a severe and personal interest in damaging T/C's brand and name in spite of (and in fact often due to the concealment of) material facts. Again, T/C - if successful on retrial or on appeal - may very well pursue a libel action and I'd not want to be you trying to explain all these myriad song-and-dance routines to a judge or jury looking to see whether your intent in posting the same was malicious.

That's not an attack, Brian, it's an opinion and one founded on a good bit more than just trying to remember points from 10 years of litigation that are only favorable to my side.



4ager,
Your statements are ridiculous.

Feel free have your misguided to opinion. [/quote]

Given your demonstrated ability to reason, I'm not adverse to you thinking such is ridiculous. Then again, I have more than a clue about what I'm talking about. You've never shown anything approaching the same.

Your benefit of the doubt ran out long ago.

Please, go have some cheese with your whine as it may be all you're left with by the end of this.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
IC B2

Joined: Jul 2011
Posts: 23,453
Campfire Ranger
Offline
Campfire Ranger
Joined: Jul 2011
Posts: 23,453
Originally Posted by GunGeek
Originally Posted by Brian_Ward
I am far from confused and my statements are spot on from a factual and legal perspective.

I know precisely how an Encore works (used to own a couple), and I also know what you have stated was at issue in your case. That you can't put that together is rather more telling than most anything else you've posted.

It mattered quite a bit what you've posted here and elsewhere. Had you been completely forthcoming from the beginning you'd have been and would be far more sympathetic and believable. As it is, you come across as someone who made a string of errors all of which your own doing and the results were a severe injury that you then sued someone else to cover and a sympathetic jury gave you just barely enough credit for your injury to make an award. You've taken that ball and run with it, and the facts that have come to light sense would give any decent attorney more than enough grounds to request a retrial or grounds for an appeal.

Your actions further have shown a severe and personal interest in damaging T/C's brand and name in spite of (and in fact often due to the concealment of) material facts. Again, T/C - if successful on retrial or on appeal - may very well pursue a libel action and I'd not want to be you trying to explain all these myriad song-and-dance routines to a judge or jury looking to see whether your intent in posting the same was malicious.

That's not an attack, Brian, it's an opinion and one founded on a good bit more than just trying to remember points from 10 years of litigation that are only favorable to my side.


Sir,

I still haven't heard what exactly happened; did the action indeed come open during firing?


4ager,
Your statements are ridiculous.

Feel free have your misguided to opinion. [/quote] [/quote]

He hasn't a clue what happened, supposedly.

He loaded a grossly over max charge into a non-factory installed barrel that did not subsequently have the headspace or anything else checked, and the stock broke.

Somehow, he deduces that the over max load, the non-original barrel, the lack of checking for specs and safety were not to blame and that the action - which withstood the blast - is to blame.

Yet, anyone that points that out is "ridiculous".

crazy


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
Joined: May 2008
Posts: 366
B
BFD Offline
Campfire Member
Offline
Campfire Member
B
Joined: May 2008
Posts: 366
4ager, he's right. You're ridiculous. Totally

Joined: Jul 2011
Posts: 23,453
Campfire Ranger
Offline
Campfire Ranger
Joined: Jul 2011
Posts: 23,453
Oh, do tell, BFD. Expound for us on why what is ain't.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
Joined: May 2015
Posts: 42
B
Campfire Greenhorn
OP Offline
Campfire Greenhorn
B
Joined: May 2015
Posts: 42
GunGeek,

To summarize and very very briefly in my opinion the big take away from my case was the TCA Encore can not keep tolerances and head space grows overtime, especially with larger calibers like I was shooting (300 win mag).
In my trial we had 3 guns with excessive head space. My gun was well out of spec., A gun with 5 shots was out of spec., A gun with no shots was out of spec.

The excessive headspace allows gasses to act on the plunger thus allowing the gun to open. (We are not talking about a bolt gun here….the plunger is held in place with a spring That supposedly needs to be replaced after so many shots that they never tell you about.) The stock breaks in bending when the gun blows open…very violent.

Joined: Jun 2006
Posts: 46,106
Likes: 6
S
Campfire 'Bwana
Online Content
Campfire 'Bwana
S
Joined: Jun 2006
Posts: 46,106
Likes: 6
Originally Posted by GunGeek


Sir,

I still haven't heard what exactly happened; did the action indeed come open during firing?





Originally Posted by Brian_Ward
GunGeek,

To summarize and very very briefly in my opinion the big take away from my case was the TCA Encore can not keep tolerances and head space grows overtime, especially with larger calibers like I was shooting (300 win mag).
In my trial we had 3 guns with excessive head space. My gun was well out of spec., A gun with 5 shots was out of spec., A gun with no shots was out of spec.

The excessive headspace allows gasses to act on the plunger thus allowing the gun to open. (We are not talking about a bolt gun here….the plunger is held in place with a spring That supposedly needs to be replaced after so many shots that they never tell you about.) The stock breaks in bending when the gun blows open…very violent.



You didn't answer his question as to what actually happened.



A wise man is frequently humbled.

IC B3

Joined: Oct 2004
Posts: 24,667
Campfire Ranger
Offline
Campfire Ranger
Joined: Oct 2004
Posts: 24,667
Originally Posted by Brian_Ward
GunGeek,

To summarize and very very briefly in my opinion the big take away from my case was the TCA Encore can not keep tolerances and head space grows overtime, especially with larger calibers like I was shooting (300 win mag).
In my trial we had 3 guns with excessive head space. My gun was well out of spec., A gun with 5 shots was out of spec., A gun with no shots was out of spec.

The excessive headspace allows gasses to act on the plunger thus allowing the gun to open. (We are not talking about a bolt gun here….the plunger is held in place with a spring That supposedly needs to be replaced after so many shots that they never tell you about.) The stock breaks in bending when the gun blows open…very violent.
Brian,

You're warning people about this rifle yet you say NOTHING about what actually happened, why is that?

We're big boys here (and I'll admit, I'm not a fan of the Encore), and we kinda like to make our own minds up.

If you can tell us just a simple explanation of what happened, that would be helpful.

Just a simple question: Did the action come open upon firing?

Joined: Sep 2007
Posts: 26,524
RWE Offline
Campfire Ranger
Offline
Campfire Ranger
Joined: Sep 2007
Posts: 26,524
Gun Geek, to your question:
Originally Posted by Brian_Ward
Originally Posted by RWE
Originally Posted by Brian_Ward
Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.

....

What was the mechanism of injury, i.e. what, specifically caused the damage to your eye?
.....



The injury was blunt force trauma…. No powder burns or brass. What actually hit me… I do not know for sure so its speculation.

Joined: Sep 2007
Posts: 26,524
RWE Offline
Campfire Ranger
Offline
Campfire Ranger
Joined: Sep 2007
Posts: 26,524
Basically, He has said they have witnessed a number of Encores that were "out of spec". 3 in fact, including his, but we have no idea how many they tested.

Not sure what spec that is, specifically, OP mentions headspace, and it was important enough bit of information to bring up as a contributing issue to the "catastrophic gun failure" (GCF)

Yet given this out of spec, we do not know if this condition manifests for all encores, or just those with custom shop barrels? OP mentions develops in magnum cartridges like his 300WM. Curious if that bit of info was ascertained prior to or post GCF?

And are there a similar percentage of catastrophic gun failures analogous to the percentage of "out of specs" guns he cites?

And are there any other common conditions to catastrophic failures? Early in the thread, someone mentioned witnessing a CGF that they were sure involved handloads.

The OP has stated he does not know what happened, does not know the mechanism of injury, and has precious little data on a 10 year trial that cost him an eye.

And with this information, he comes here and about 10 other places with a public service announcement that rails against the Encore, which appears to be a decent gun platform, unless you hotrod reloads in a gun that happens to have the condition of being "out of spec"

My take.

Last edited by RWE; 06/01/15. Reason: terms and corrections
Joined: Jun 2006
Posts: 46,106
Likes: 6
S
Campfire 'Bwana
Online Content
Campfire 'Bwana
S
Joined: Jun 2006
Posts: 46,106
Likes: 6
Originally Posted by RWE
Gun Geek, to your question:
Originally Posted by Brian_Ward
Originally Posted by RWE
Originally Posted by Brian_Ward
Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.

....

What was the mechanism of injury, i.e. what, specifically caused the damage to your eye?
.....



The injury was blunt force trauma…. No powder burns or brass. What actually hit me… I do not know for sure so its speculation.



So, he doesn't know what hit him in the eye, but he's pretty sure T/C's flawed design caused it to hit him in the eye.

Makes sense to me.



A wise man is frequently humbled.

Joined: Jul 2009
Posts: 14,076
H
Campfire Outfitter
Offline
Campfire Outfitter
H
Joined: Jul 2009
Posts: 14,076
I have given up trying to make sense of it all. Too many variables and the guy who should have the answers hasn't exactly been forthcoming or straight forward with them.

Encore rifles may have an issue with head space on some or all of their guns. Larger calibers may or may not be more prone to failure. Over pressure loads may or may not have been a contributing factor to the failure, and may or may not have been a contributing factor to the growth of the head space issue. The gun may or may not have opened upon firing and the scope many or may not have hit Brian in the eye. The stock broke but the gun (action) stayed intact. An aftermarket barrel may have been used and head space was not checked. The loads were at but not over max SAAMI pressure but no pressure test was ever conducted. An expert said some stuff, we are not sure who or what was said, but it was thrown out of court. Brian spent 10 years of this life fighting this fight, but we have preconceived notions because we want the above cleared up....

I could go on but I won't

Last edited by heavywalker; 06/01/15.







Joined: Oct 2004
Posts: 24,667
Campfire Ranger
Offline
Campfire Ranger
Joined: Oct 2004
Posts: 24,667
Originally Posted by RWE
Gun Geek, to your question:
Originally Posted by Brian_Ward
Originally Posted by RWE
Originally Posted by Brian_Ward
Said this before.....I don’t have the case files my attorney does. I’m speaking in just general terms from memory. I’m not trying to re-litigate this case over the internet.

....

What was the mechanism of injury, i.e. what, specifically caused the damage to your eye?
.....



The injury was blunt force trauma…. No powder burns or brass. What actually hit me… I do not know for sure so its speculation.


Okay so if the round went off and it broke the stock, he could have just been the victim of "Weatherby Eye"...albeit on the extreme side.

Now we're into some murky waters. The round he chose was on the high end of the recoil spectrum for what T/C offers from the factory. And the load is excessive. So while the extra recoil may have been the straw that broke the camels back, the difference in recoil wasn't tremendous, and that tells me that stock was going to give way at some point anyhow.

But does anyone know what condition the stock was in before the incident? Had it been damaged?

T/C's stocks are pure tupperware, but they're made of graphite which tend to be VERY flexible and typically doesn't break.

Joined: Oct 2007
Posts: 14,275
H
Campfire Outfitter
Online Content
Campfire Outfitter
H
Joined: Oct 2007
Posts: 14,275
Originally Posted by Brian_Ward
Originally Posted by Huntz
Originally Posted by antlers
When this unfortunate accident happened, was Thompson/Center advertising in 'Handloader Magazine', and were they making barrels for their break-open actions that were chambered for cartridges that were basically wildcats (produced expressly by handloaders)...?


The rub is that TC is not the only Company that produces barrels for their Contender and Encore.There is MGM,Bullberry,SSK and a few more that will just about chamber anything you request.The man stated he was not using a factory barrel.I cant figure how TC can be held responsible for an aftermarket product that did not have the locking lugs either installed correctly or made correctly?


How do you guys come up with this stuff?

It was a Fox Ridge Outfitters Barrel AKA Thompson/Center Custom Shop.


Same way you come up with your crap.


Its all right to be white!!
Stupidity left unattended will run rampant
Don't argue with stupid people, They will drag you down to their level and then win by experience
Joined: Jun 2006
Posts: 46,106
Likes: 6
S
Campfire 'Bwana
Online Content
Campfire 'Bwana
S
Joined: Jun 2006
Posts: 46,106
Likes: 6
Originally Posted by Huntz
Same way you come up with your crap.


With one important difference--no one else here has an axe to grind.



A wise man is frequently humbled.

Joined: Nov 2006
Posts: 10,809
C
Campfire Outfitter
Online Content
Campfire Outfitter
C
Joined: Nov 2006
Posts: 10,809
How has this thread gotten this far without pitchers of half-nekkid girls?


Mathew 22: 37-39



Joined: Dec 2002
Posts: 6,930
Campfire Tracker
Offline
Campfire Tracker
Joined: Dec 2002
Posts: 6,930
Originally Posted by GunGeek
Originally Posted by selmer
I answered as fast as I could... And I'm pretty certain that I know I'm right. And TCA probably found errors not inherent in the design, but in the critical welding of the lug and placement of the hinge pin hole which create headspace variables in relation to the breechface. Absolutely NOTHING wrong with the Encore frame design, but the tolerances have to be tight on the barrel manufacture.
That assumes the chamber is cut right. You could have a barrel with perfect outside dimensions and still have excessive headspace if the chamber is cut too deep.


GunGeek - thanks for the correction. You are quite correct. I'm referring to the barrel to frame gap - headspace is determined by how the chamber is cut. On bottleneck cartridges, one can adjust the sizing dies to reduce case stretching to a minimum by knowing the barrel to frame gap. On a belted case or rimmed case it's a different ballgame. Thank you for the correction.


Selmer

"Daddy, can you sometime maybe please go shoot a water buffalo so we can have that for supper? Please? And can I come along? Does it taste like deer?"
- my 3-year old daughter smile
Page 24 of 26 1 2 22 23 24 25 26

Moderated by  RickBin 

Link Copied to Clipboard
AX24

604 members (1badf350, 12344mag, 1beaver_shooter, 10gaugeman, 160user, 10Glocks, 62 invisible), 2,273 guests, and 1,315 robots.
Key: Admin, Global Mod, Mod
Forum Statistics
Forums81
Topics1,192,695
Posts18,494,204
Members73,977
Most Online11,491
Jul 7th, 2023


 


Fish & Game Departments | Solunar Tables | Mission Statement | Privacy Policy | Contact Us | DMCA
Hunting | Fishing | Camping | Backpacking | Reloading | Campfire Forums | Gear Shop
Copyright © 2000-2024 24hourcampfire.com, Inc. All Rights Reserved.



Powered by UBB.threads™ PHP Forum Software 7.7.5
(Release build 20201027)
Responsive Width:

PHP: 7.3.33 Page Time: 0.168s Queries: 55 (0.012s) Memory: 0.9282 MB (Peak: 1.0564 MB) Data Comp: Zlib Server Time: 2024-05-06 21:20:42 UTC
Valid HTML 5 and Valid CSS