Knight Loses Lawsuit-Jury Awards 2.1 Million Judgement

[Okie Hog]

Knight has lost a lawsuit over an "accident" that happened to a shooter as he was loading his Knight shotgun. He claimed "embers" in the barrel set off the powder as he was loading the gun. The jury bought the story.

http://www.gobogalusa.com/articles/2...9794168112.txt

Phill Junkins, a Franklinton resident, was awarded the amount for injuries, and subsequent disability, sustained in a March 31, 2004 incident when Junkins was loading his Knight Rifles TK 2000 muzzle-loading shotgun outside his home, his lawyers said.

The weapon, commonly used to hunt turkey, has a problem of containing ?latent embers? in the chamber after being fired, said Julie Baxter of Baton Rouge-based Rhorer Law Firm, which represented Junkins. Franklinton attorney John Allen was the original attorney of record to represent Junkins. Problem is, Knight Rifles did not warn their customers of this, Baxter said.

When conditions are right, the latent embers can cause the rifle to discharge when it is being loaded, and that?s what happened to Junkins, Baxter said.

 

[Racklover]

This is what one juror wrote in response to that article:
Edmond Chandler wrote on Mar 3, 2010 3:29 PM:
" I was one of the 12 jurors in this trial. It was a tough trial... went six full exhausting days. The attorneys on both sides presented their cases very well. Many "experts" testified, pro and con... We deliberated for about an hour and decided in favor of Phil Junkins .. All 12 jurors agreed that Knight Rifle Co. failed to provide a PROPER WARNING of what COULD happen and DID HAPPEN. . The gun went off and almost blew Mr. Junkin's hand off.... Mr. Junkins was asking for 1.2 million dollars, and we took into consideration his life-long life-changing issue with his inability to use his dominant hand. caused by this rifle firing by accident..

It all hinged on "a burning ember" in the barrell of the gun ... long enough to cause the gun to fire even though it was handled properly by Mr. Junkins.

I sincerely hope that our verdict is not over-turned. "
\\\\\\

 

[Okie Hog]

While working in WV in 1997, I met a guy at a local range who was missing some fingers. He blamed the "hot embers" thing for his "accident." Started asking some of the local muzzleloder shooters about the guy. The man had been banned from one range because of his violations of muzzleloader safety. Seems that the shooter had a habit of capping the rifle before loading. Despite many warnings he continued his bad practice until it bit him.

Some guys are destined to get hurt.

 

[saxman1]

You can't fix stupid

 

[cbvanb]

I guess this doesn't surprise me, although with a long personal history of muzzle loader shooting I never had this happen to me, nor do I know of anyone else this happened to. I always assumed it was "common knowledge" that one either waited a short interval between shots, or swabbed the barrel before reloading. Apparently that's not good enough these days and the manufacturer has to protect idiots from themselves.
The other item that caught my attention was the quote from the juror who said they deliberated an hour before reaching a verdict. Unless there was overwhelming evidence to support the lawsuit, which the juror specifically refuted, that isn't enough time to pick out seats, identify a foreman and get a consensus on a voting procedure. Maybe there was already a mindset against "The Corporation" or the evil gun maker?
Knight made the finest in-line rifles I've ever shot, and this just makes it more unlikely that they will ever be built again. Crap!

 

[Busta]

Saxman's link does not work for me, so please excuse my ignorance of that report. So with the no other information other than the quote, I will reply anyway.

Sorry that the guy lost part of his hand, but does anyone really think Knight is to blame here?

I have had a TK2000 since they first came out 10 years ago. I am almost 100% certain I received the first one that came to Michigan. Schupbach's in Jackson had it at the Deer and Turkey Spectacular that year along with the Knight Reps. I ran several hundred loads through that gun in the first week alone. I don't know what powder he was using, but I have never seen any smoldering embers in my TK2000, or any of my 12 other muzzleloading shotguns or rifles I own.

This verdict is a can of worms for all the muzzleloading manufacturers, and sets a precedent to sue them out of existence. I would say it was more likely capped before loading, and an AD rather than the "latent ember" theory. With this very public verdict, any AD could be a candidate for this finding.

If it is actually this "latent ember" theory, who is to say that he didn't leave that load in the shotgun for a year or so, and the powder charge was compromised due to moisture? If the powder was wet, due to improper storage, then I could see the possibility of a smoldering ember, but not any dry powder that I have ever shot.

I know the old timers used to actually blow down the barrel after a shot to expedite this burning ember phenomenon. But in all my years of shooting smokepoles, I have never seen nor heard of anyone that actually had even the powder flash when loading after a shot. I would imagine that it might be possible with some coarse cannon powder in a muzzleloader, but very doubtful with any of the BP Subs today, unless the powder has been compromised.

God help the rest of the muzzleloading manufacturers that do not have this ?latent ember? WARNING in their Owners Manuals. Just when you thought you had enough junk stamped on your barrel, this comes along.

 

[tnhagies]

My dad used to always say that he believed there was an unspoken rule in the courtrooms to the effect of: "Common sense and logic will not be tolerated."

 

[cbvanb]

My dad used to always say that he believed there was an unspoken rule in the courtrooms to the effect of: "Common sense and logic will not be tolerated."

With 23 years of law enforcement under by belt, I would say your Dad is right. Even more so with millions of dollars at stake. God help anyone who ends up in a civil suit these days. Win, lose or draw, the attorney fees alone would ruin most people.

 

[cayuga]

I was always under the impression that when loading a firearm at no time should the muzzle be pointed at any part of your body, and always in a safe direction. If you put your hand over the muzzle that might be considered part of the body. Of course we all know that at some time during the loading there will be a point where your hand is over the muzzle. For instance, when you are using the ramrod to push something down the bore.

But again, I was not there and do not know all the facts. I did watch a friend once dump a charge down a freshly fired rifle and have the powder blow back out the barrel. He lost an eye brow and I think might have messed his pants, but was unhurt thank goodness. I have dumped powder down a barrel only to see smoke come up out of the barrel. Needless to say, I do take some time before doing anything else over that barrel.

I will say that while in the manual it might not have warned that a hot ember in the breech could ignite freshly poured powder, it will be there in future manuals.

Its a shame accidents like this happen. I wonder if the person was shooting trap or something and was loading as fast as they could for the next turn...

 

[txhunter58]

I guess it is good that BH 209 has to be compressed to actually burn/explode. I have probably dumped the next load down the barrel fairly quickly from time to time (esp in the field), but I don't think it would be a problem with this powder.

With other powders, I never reload without putting a spitpatch down, which should stop any potential problems.

 

[Urban_Redneck]

The brother of a high school friend of mine had his thumb blown off loading a Civil War cannon... fortunately they were able to re-attach it.

I think about it every time I pour powder down the barrel.

 

[Lee 9]

Like somebody said you can not fix stupid, we had to ban a guy the kept loading a gun and leaving it on the bench pointed down range when we were checking targets, told the range captain to mind his own business or get his nose punched. We took his card and his key on the spot and had the sheriff escort him off the property.

 

[frontier gander]

bunch of BS if you ask me.

 

[n8dawg6]

i never have cared too much for the "failure to warn" theories of product liability. that theory is the sole reason that everything you buy now has excessive and needless warnings stamped all over it. people stop paying attention to a bunch of bold red-lettered writing after a certain point. it ends up being solely for the purpose of defendant CYA in the case of lawsuits.

i digress, but i can tell you that knight manuals cover the commandments of muzzleloading safety, and if those had been followed, risk would have been minimized. its impossible to make it go away completely. even if the manual had contained the precise wording the p's attorneys argued for in this case re: "burning embers," i suspect the same injury would have occurred nonetheless. perhaps the language would have provided a better CYA for knight, but not necessarily.

 

[wayles]

Lawsuit

This is plum pitiful. That probably puts the last nail in the coffin for Knight. What has our judicial system come to? It Started with things the lady that didn't know McDonalds sold hot coffee and letting killers and child molesters out of prison on parole. I best not get started on the things I would like to fix about our country. Join the tea party Men. Gonna have to put a warning sign over my garbage disposal I suppose.
Wayles

 

[Busta]

That 2.1 million dallar lawsuit verdict against Knight really chaps my azz!

Don't think it will stop with Knight, if this is not overturned. Now would be a good time for all the muzzleloader manufacturers to come together and organize a MMO (Muzzleloader Manufacturers Organization), because T/C, CVA, Traditions, Savage, Pedersoli and others will be next. They need to band together and get this verdict overturned NOW, or it will be lights out for all!

The best money T/C, CVA, Traditions, Savage and others could be spending right now would be in Knights defense. How ironic!

I would agree that Knight's goose is cooked with this verdict, but the others better step up to the plate to help get this overturned, because I doubt that any of them have that "wording" in their Owners Manuals either.

 

[flounder]

It seems as if most people do not want to take personal responsibility for their actions any more in this country. Any time something bad happens to someone they look for someone to blame, someone else has to pay for their mistake.
I would assume that Knight had liablility insurance. So the insurance companies see this lawsuit and raise their rates on a the muzzleloader manufacturers. They in turn raise their prices so you and I are the ones that pay. Either that or the overseas companies get an even larger share of the market because it is much more difficult to win and collect on a lawsuit against them.
Art
________
Girlfriend Pictures

 

[Batchief909]

Wonder if Doc White will come to Knight's aid?


It's sad that our society has stooped so low nowadays. But what "comes around,,goes around". I have no sympathy for Knight, after what they did to Doc. 8) Flame away...

 

[Busta]

Wonder if Doc White will come to Knight's aid?


It's sad that our society has stooped so low nowadays. But what "comes around,,goes around". I have no sympathy for Knight, after what they did to Doc. 8) Flame away...

Bat,

I hear ya man, I really do.

I thought about that too, even the "what goes around, comes around". I guess I look at it a little different, I am not looking at this to save Knight, as I said I think their 'goose is cooked". I look at this as an "open door" for anyone to sue any company for this "latent ember" wording any time they have an accident with a muzzleloader. What is to stop them, when they have this to fall back on for an example.

With all that said, I bet Doc would come to their defense, for the good of all muzzleloading. This is not for sympathy for Knight, but what is right for all the others left standing. This is not a manufacturing defect, or a total disregard for someones safety. It is more about stupid people doing something stupid, then want to be rewarded for it.

I liken this to the HOT coffee they serve at McDonalds. Who would think tht they actually serve coffee HOT?

Do not use a hair dryer while taking a bath.

Do not put your hand in the garbage disposal, or the meat grinder.

Do not smoke while fueling your car at the gas station.

Do not open pop bottles with your face directly over the top. You might put your eye out.

I could go on and on, but you know that somone sued for every one of those warnings because stupid people do not want to take responsibility for being stupid.

I hope you can understand what I am trying to say here?

 

[Batchief909]

I totally understand what you're saying Busta,,and I agree with ya for the most part. I just have no sympathy for Knight after their lawsuit that put Doc under. That's just me and my opinion.

One thing that really got me while in Texas last week, while filling out my hog hunting license, was a poster that they had in their DNR office pertaining to "boating safety". The second icon on the poster stated that an empty beer keg wasn't an acceptable flotation devise. :shock: :lol:

No kidding.... :lol: