Linton v. Smith & Wesson

Plaintiff appeals from the dismissal of counts I and II of his second amended complaint seeking recovery from defendant, a handgun manufacturer, based upon its distribution of a gun which was used by a third party to injure plaintiff.

This action arose out of personal injuries suffered by plaintiff when he was shot in a Chicago tavern. Plaintiff’s original complaint named Smith & Wesson and the tavern owner as defendants. Recovery was sought against Smith & Wesson, the manufacturer of the firearm used to shoot plaintiff, on a theory of strict liability in tort. Plaintiff’s claim against the…