Patterson v. Gesellschaft
District Court, N.D. Texas
1Opinion of the Court
MEMORANDUM OPINION
BUCHMEYER, District Judge.
This is a products liability action. The “product” involved is a Rohm .38 caliber revolver, a “Saturday Night Special.”
However, this handgun is not defective. Admittedly, there was no malfunction because of some manufacturing error; the gun did not lack any necessary safety features; and, it performed exactly as a handgun is intended to do, by firing a bullet with deadly force when the trigger was intentionally pulled.
But unfortunately, this .38 caliber revolver was used in a robbery. And tragically, this gun caused the death of the clerk at the…
2Cases cited27 opinions
- Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Moning v. AlfonoMichigan Supreme Court · 1977
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Turner v. General Motors Corp.Texas Supreme Court · 1979
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3Cited by22 opinions
- Kelley v. R.G. Industries, Inc.Court of Appeals of Maryland · 1985
- Perkins v. F.I.E. Corp.Court of Appeals for the Fifth Circuit · 1985
- City of Philadelphia v. Beretta U.S.A., Corp.District Court, E.D. Pennsylvania · 2000
- Ford Motor Co. v. Miles, Texas Court of Appeals, 5th District (Dallas)2004
- Wasylow v. Glock, Inc.District Court, D. Massachusetts · 1996
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