Sue dealer for daughter's death following Aurora Massacre? Pay dealer's $200K legal costs!

We Lost Our Daughter to a Mass Shooter and Now Owe $203,000 to His Ammo Dealer



www.huffingtonpost.com...

Jessica along with 11 others in an Aurora, Colorado, theater. Especially after the Rachel Maddow Show covered us twice, people ask us about the judge's order that we pay Lucky Gunner's attorneys' fees, since our lawsuit was unsuccessful.

We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer

The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law.

In essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs

Litigious America and then some! Not only did the parents lose their case against 'Lucky Gunner' online seller for negligently arming any Tom Dick or Larry to go on a public shooting spree, but the Judge threw the book at the parents and ordered them to pay all Lucky Gunners costs, $203,000!

www.youtube.com...

We are Lucky Gunner. We sell ammo and shooting accessories on the Internet. I'm Chris and I make our videos about guns and shooting. Most of them are about self-defense techniques and gear, but sometimes I cover other shooting stuff just for fun.
You can buy some ammo from us at www.luckygunner.com...
We have a huge selection and always ship the same day you order (or the next business day if it's after 3PM EST.)

A popular, heavily flouridated viewpoint that calls the mourning parents 'IDIOTS':

a reply to: Milah

While I see why the parents would want to sue the company, it isn't the companies fault that the shooter decided to use it the way he did.

Thousands of people are killed everyday on the roads by vehicles.
Are the vehicle makers expected to make sure every driver isn't going to kill someone with their cars?

Its not the product, its the people using them!

Why don't they sue their lawyer who should have told them that it was useless to file the lawsuit in the first place. It's the bloodsucking leeches like their lawyer that is a problem with the legal system.

Well its comes to guns & ammo.. check your buyer!

Unfortunately, FREE SHIPPING & Overnight Delivery were priority

a reply to: buster2010

Great point, pretty sure they are not the first to try and just have it tossed out.

If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs

This applies to anyone under any civil lawsuits where they have "loser pays" systems. This is to prevent an overload of frivolous lawsuits. I agree with buster on this one (amazing isnt it ?). The attorneys in all the loser pays locations should warn their clients up front.

a reply to: Milah

These parents lost their daughter they're devastated. They want someone to blame for their pain. The problem is they're blaming the wrong people. I suspect they're blaming the wrong people is because they saw $$$$ dollar signs. It's a sad truth, but legal fees are exspensive and their lawyer never should have led them down the path of this lawsuit. Their lawyer only saw dollar signs to though. Our world in a nutshell.

a reply to: Milah

Why the shock?

If you sue, and lose, the defendant has a right to recoup the fees they incurred while defending against you.

Just because it doesn't go along with personal politics doesn't mean that its wrong.

I think the parents should have sued the US government,local leos. the BATFE,and their state legislature.

After all gun control was suppose to stop things like that from happening.

The law that says people can't go around shooting other people was suppose to stop that from happening.

The police are suppose to go around stopping that from happening.

The BATFE is suppose to stop that from happening.

But nope, sue an ammo manufacturer!.

I feel sorry for their loss?

But bring up a frivolous law suit. Pay the price.

a reply to: neo96

So since they didn't stop it they caused it?
Wouldn't that be the same illogical stance as her sueing the ammo company?

a reply to: Milah

In essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs

Well, yeah.

Imagine if you owned a business and someone brought a ridiculous lawsuit against you.

Should you still have to pay out of pocket just to defend against any asinine claim that anyone could make?

a reply to: Milah

Hmm, hard to side with them, I understand their pain, however, why not sue everyone inovled who sold him anything, what about the food he ate that day that allowed him to have the calories to burn to do such a thing.. blah blah blah


sorry for their loss, shouldn't have thought you could sue for profit.

a reply to: Milah

They tried to sue the ammunition manufacturer!

They must be really greedy and thought they were going to get a big settlement out of it or just stupid.

originally posted by: buster2010
Why don't they sue their lawyer who should have told them that it was useless to file the lawsuit in the first place. It's the bloodsucking leeches like their lawyer that is a problem with the legal system.

Whoa.
I agree with Buster.
Someone slap me.

Seriously, what is worse is that it probably already cost them over $100,000 if their court fees and legal costs from the other side are that high!

Seems they lost...but I'm quite sure their sorry lawyer won. Although I do wonder if their lawyer at least tried to dissuade them from the suit. In the end, he did pursue the case for them, so that makes him sorry even if he did try.

And the ammo dealer's lawyer won too. Don't think a defense lawyer works pro bono with that kind of money at stake.

originally posted by: Sremmos80
a reply to: Milah

While I see why the parents would want to sue the company, it isn't the companies fault that the shooter decided to use it the way he did.

Exactly. If a car dealership sells a car and then the driver decides to speed and mow down some little kid crossing the street, does the family sue the dealership for letting their relative be killed? No.
Does a family sue a manufacturer of kitchen knives when someone uses one to stab someone else to death? No.

Selling/buying ammo is not illegal. Using said ammo to shoot up a movie theater is illegal. There's a huge difference. The person who commits the crime pays the price, not a business that had nothing to do with it.

This is standard. Loser pays court costs, which include reasonable attorney fees. If the seller did nothing wrong why were they sued?

a reply to: Milah

They should sue the lawyer that filed the case. He should have considered the possibility the case had no merit and would open up the plaintiffs to damages. Unless he got something in writing that he informed them that their case was possibly a losing cause.

a reply to: neo96

I think the parents should have sued the US government,local leos. the BATFE,and their state legislature.

Yes because all the government remote viewers and clairvoyants totally failed to notify people that it was going to happen.

a reply to: buster2010

Apparently they are hence the tens of thousands of laws.

They can see the future. So write a law to stop bad people 'from' doing bad things.