Friday, October 29, 1999
Ga. case heartens Tristate lawyers suing gun makers
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A Georgia judge's refusal to dismiss Atlanta's suit against gun makers cheered advocates of a similar suit by the city of Cincinnati.
“The ruling in Atlanta is very significant and gives further support to our appeal,” lead attorney Stanley M. Chesley said Thursday.
Common Pleas Judge Robert Ruehlman dismissed Cincinnati's suit on Oct. 7, saying misuse of firearms is beyond the manufacturers' control.
Judge Ruehlman also rejected Cincinnati's claim that gun makers were negligent because they did not include adequate safety devices.
The city is asking the 1st District Court of Appeals to reverse that judgment and let Cincinnati's complaint go to trial.
The city wants to recover costs of gun-related violence.
Atlanta and Cincinnati are among almost three dozen municipalities suing gun makers.
Atlanta sued in February over the safety issue shortly before the Georgia legislature passed a law trying to bar the suit retroactively.
When the defendants asked the court to dismiss the suit, Atlanta amended its complaint to include public nuisance and several other claims.
Wednesday, the Georgia judge dismissed some of the claims but said others could go to trial.
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