Family of girl shot and killed files suit against gun maker


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Submitted: Mon, 12/09/2013 - 4:24pm
Updated: Tue, 12/10/2013 - 2:45am
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CHARLOTTE, NC (WWAY) — The family of a teen killed in what has been deemed an accidental shooting two years ago in Columbus County has filed a lawsuit against the maker of the rifle blamed in her death. Two other women hurt in the shooting have joined in the lawsuit against Remington Arms Company, LLC.

Jasmine Thar, 16, of Charlotte, died Dec. 23, 2011, when a single bullet fired from inside a house across the street hit her, Treka McMillian and Jah’mesha McMillian as they stood in a Chadbourn driveway getting ready to go Christmas shopping.

James Blackwell, who lived across the street, told Chadbourn Police his Remington Model 700 rifle fired without pulling the trigger.

Earlier this year prosecutors announced they would not charge Blackwell with a crime after an investigation determined Thar’s death was the product of an accidental discharge resulting in an unintended consequence.

27 Comments

  • Guest2020 says:

    If they were suing the gun maker for someone choosing to pull the trigger and kill someone, then I would be against this suit. This lawsuit is about a manufacturer putting out a defective product that resulted in someone’s death. I can’t say that a I blame the family or the surviving victims. It’s no different than suing an auto maker for putting out a car with defective brakes.

  • sniper1 says:

    I’m completely behind the family on this one. The cops and the gun manufacturer can’t be both right. I still think this was involuntary manslaughter, but if it’s not, then it is absolutely the fault of the gun. I have shot a zillion rounds through the 700 Remington, and nothing like that ever happened. Do you really think it was the gun?

  • Steve says:

    Im real sorry for the loss of the young lady. But its not the gun companys fault. Guns dont kill people people kill people. If the guy would of handled it right im sure this would not have happend. I was allways tault to point your gun towards the ground. untill your ready to shoot.I can only bet this guy was excited with his new toy. waving it around loaded. and it when off. Im sure he did not mean to hurt the girl.But ive never known one to ever go off unless you cock them first. or chamber a bullet. They are not spring loaded you have to pull the trigger.

  • trash says:

    This suit is so STUPID! Why don’t you just sue the people that built the house or paved the driveway. If they built the house elsewhere, she would not have been hit. If they had not paved the driveway where they did, she may not have been standing there. Suing the gun company is stupid. They had nothing to do with the gun firing. The owner of the gun is responsable. It should have not been loaded and ALWAYS point your weapon in a safe direction. Treat all guns as loaded!

  • Common Sense says:

    As another poster so accurately posted:

    “Always follow these 4 simple rules and you won’t hurt yourself or anyone else when handling a firearm.

    #1 Always treat the gun as loaded.
    #2 Always keep the gun pointed in a safe direction.
    #3 Never point the gun at anything you don’t intend to destroy.
    #4 Be sure of your target and what is beyond it.”

    Just like you would never drive a car that the brakes did not work, nor drive backwards at 55 mph downa residential street.

    The owner bears responsibility too. He handled a LOADED firearm in a negligent manner, therefore he bears a great portion of the responsibility. That is fact, just as someone who drinks and then drives, and then wants to sue the automobile manufacturer when he kills someone because of his drunk driving.

    Sorry if your psuedo-MENSA mind has a hard time processing that.

  • 10101 says:

    If the gun wasn’t defective, there wouldn’t have been a problem.

    Like I said “you sound wackier than Rosie O’Donnell.”

  • Common Sense says:

    Yeah… Good luck proving THAT particular gun is defective in court. And also good luck in proving that the guy who shot the gun, did not bear any responsibility in being NEGLIGENT with a LOADED firearm.

    And you talk about wacky? LOL

  • 211 says:

    IF PEOPLE KNOW A CERTAIN WEAPON HAS SO MANY ISSUES FOR YEARS, WHY DO THEY BUY THEM? YOU AREN’T FORCED TO OWN ONE.

  • guesty1O1 says:

    The Remington Model 700 has known issues. This isn’t the first time this has happened with that weapon. Lots of incidents of that rifle without pulling the trigger. In fact engineers that worked for Remington all but begged them to change the design but they rufused. I hope they get $10 million.

  • guest 45 says:

    I posted this up back when it happened, Remington has a known problem with their model 700’s and should have been recalled a long time ago, they have killed before accidentally discharging, just put google to work

  • melissabeach says:

    Sorry you cant believe a gun ( just went off ) because they can. Bet you really wouldnt believe that this company was aware of the issue with many of this same modle gun having the same issue ( paperwork to prove it ) and they chose not to do a recall.
    If Ford/Honda or whoever knows their breaks are bad and sells your wife the car anyways and they fail and shes killed ( who is to blame)
    To the people who say WHO ARE THEY GOING TO SUE NEXT…people dont be stupid, you will rant and always take up for the good old gun company even if they are wrong out of your own fear. They need to be charged in this so that they are made to fix it.

  • PublicAvenger says:

    First of all, it’s hard to believe a gun just went off. And why is a loaded gun obviously being pointed in a unsafe direction, at another person ?

  • guesty says:

    Since people know that posting in all caps is considered yelling, why do you still do it?

  • Monkey Junction says:

    Did you read the above article before you fell back into your political dogma? The lawsuit reads that the gun discharges without being fired? Your poor analogy would be better served if the car lurched forward without anyone stepping on the gas pedal.

    This is a defective product lawsuit involving a gun, not a lawsuit because a gun killed someone else.

    Now by all means please set your default position back into tired old arguments with no nuance.

  • John says:

    Another case of the wrong lawsuit being filed. How many times do these stupid people have to be told guns dont kill. Its the person in charge of the gun who you should be after. Its no different than a chevy going down the road with a drunk behind the wheel. The drunk hits and kills someone. What you gonna sue the car maker. Wake up you people.

  • Annoyed1 says:

    This is one of the stupidest and most ignorant comments ever. In addition to saying the mother is stupid are you also calling the police who conducted the investigation incompetent and stupid as well for finding that the gun was discharged without pulling the trigger (or as they stated accidentally discharged). You sound ridiculous. Had you or your family been driving a car that crashed as a result of an automobile manufacturer’s negligence would you not sue them and seek damages? You should try and have your comment removed on the grounds that it displays sheer stupidity.

  • 1SG America says:

    Then her Mother should be sued for having her, if that’s the case. If she would have not been born, then there could have not been a death. there you go case solved. Stupid is as STUPID DOES!

    Ridiculous article, sue the gun maker. I agree the first writer, sue the maker’s of all silver ware. Going to make us unhealthily, due to being able to be inserted into our mouths with food on it.

  • RoddyJ says:

    Stupid is as stupid does? What did she DO exactly that warranted her death? Oh that’s right, in your book being born means you deserve to be killed and your mother sued. Someone should sue YOUR mother for raising such ignorance.

    And no one is talking about over-eating or something casual… This is another person’s life that was taken.

    People really amaze me with their ignorance and insensitivity.

    Why are u defending a corporation over a human’s life that was taken by one of their products malfunctioning?

  • Ed White says:

    ISG America and some other commenters on this page are obviously adolescents, or they definitely have an adolescent mind. The immaturity of their posts is telling.

    Their intent is to be as hateful as they can be. Like schoolyard bullies, they lack any sense of humanity with their mean-spirited and ignorant ranting.

  • taxpayer says:

    in the chamber?

  • MrHertz says:

    Hey moron, the gun owner was not charged, claiming the firearm was defective. What compels you to demean the victim’s family for seeking recovery from the responsible party, in this case the gun manufacturer?

  • 10101 says:

    ” Imagine if automobile manufacturers were sued every time a person was killed” because they knowingly continued to sell a defectively engineered or defectively manufactured vehicle. That would be just fine, right?

    If you’ll Google up the gun in question, you’ll find tons of references to a misfire problem. In addition to that there’s both anecdotal and empirical data that supports the fact that the manufacturer was and is aware of the problem. And for some moronic reason that’s OK and a lawsuit would just be a political statement by anti-gun left wingers?

    Are you so immersed in an extremist political point of view that everything you see in your narrow minded life involves political conflict? if that’s the case, you are truly pathetic.

    Using your philosophy, you should sue your parents for not providing you with enough DNA to adequately develop a functioning brain. My goodness, you sound wackier than Rosie O’Donnell.

  • Common Sense says:

    Stand by for Rosie O’Donnell’s lawsuit against a spoon manufacturer, for making her fat.

    The person who negligently discharged the weapon is the only person responsible for her death. That is the only person that should be sued. Imagine if automobile manufacturers were sued every time a person was killed in a drunk driving incident. Automobile prices would be obscenely expensive compared to now.

    These people need to quit being stupid, and trying to disguise their anti-gun left wing agenda, under the shroud of a lawsuit.

  • GuestUSMC says:

    You are absolutely correct. I have read about certain Remington rifles firing with the safety on. Seems a jar on the butt end of the stock is all it sometimes takes. Remington knows about this and still chooses to do nothing to fix the problem.

  • RumorKiller says:

    Still the gun owners fault for not following the safety rules for a firearm. Mainly, always keep your firearm pointed in a safe direction, this is especially true when there is a round in the chamber and ready to fire.

    Always follow these 4 simple rules and you won’t hurt yourself or anyone else when handling a firearm.

    #1 Always treat the gun as loaded.
    #2 Always keep the gun pointed in a safe direction.
    #3 Never point the gun at anything you don’t intend to destroy.
    #4 Be sure of your target and what is beyond it.

  • ChefnSurf says:

    As “Monkey Junction” posted below “This is a defective product lawsuit involving a gun, not a lawsuit because a gun killed someone else.” The Remington Model 700 has had a documented history of misfiring incidents for some time now. Why shouldn’t the family sue?

    It’s amazing how stupid and hurtful some of you are. Sue a spoon, sue the maker of an auto involved in a drunk driving incident, it’s really all about anti-gun left wing agendas? That’s the smartest stuff you could come up with? And then there’s the incredibly insensitive comment by 1SG America: “her Mother should be sued for having her”. It just doesn’t get any more hurtful or more low class than that. That’s a troll-class comment. That’s not the kind of person I want representing my America. If he really was in the military (who knows, “macho” guys like him turn out to be bull crappers about 50% of the time), why would he he want to put his life on the line for an America where people act just like him?

    On another note: Remember how professional racial opportunist Rev. Barber with the NAACP in Raleigh tried to turn this tragedy into another opportunity to stir up racial conflict? Conflict he could turn into another payday for himself? Now that the family is focusing on the concept of a possible manufacturing defect, we don’t hear even a peep coming out of his big fat mouth. I guess there’s just no payday in it anymore. God forbid he should do the right thing and apologize for his actions. He won’t though because he’s just not capable of doing that. That’s also not the kind of person I want representing my America either.

  • beach guy says:

    I feel sorry for this kid and her family if the manufacturer is at fault for producing a unsafe firearm and placing it on the market they are liable and should be sued. I wish the family luck and hope they have a good lawyer.
    All you people posting about gun control, that is not what this is about it is about what every gun owner should be about which is responsibility.
    Somebody’s kid died if the manufacturer is responsible they should do a recall the model 700 Remington and pay damages to the family cut and dried.

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