Legal Opinion

Patterson v. Gesellschaft

District Court, N.D. Texas

Decided May 14, 1985No. CA 3-81-1006-RPublishedCited by 22 opinions

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

  1. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  2. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  3. Moning v. AlfonoMichigan Supreme Court · 1977
  4. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  5. Turner v. General Motors Corp.Texas Supreme Court · 1979

22 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Kelley v. R.G. Industries, Inc.Court of Appeals of Maryland · 1985
  2. Perkins v. F.I.E. Corp.Court of Appeals for the Fifth Circuit · 1985
  3. City of Philadelphia v. Beretta U.S.A., Corp.District Court, E.D. Pennsylvania · 2000
  4. Ford Motor Co. v. Miles, Texas Court of Appeals, 5th District (Dallas)2004
  5. Wasylow v. Glock, Inc.District Court, D. Massachusetts · 1996

17 more not listed; retrieve them via the Exa API.

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