City of Gary Ex Rel. King v. Smith & Wesson Corp.

RILEY, JUDGE,

concurring in part and dissenting in part.

I respectfully concur in part and dissent in part. I concur with the majority’s reversal of the trial court’s grant of Appellee retailers’ motion to dismiss City’s public nuisance complaint. I would, however, reverse the trial court’s grant of Appellee manufacturers’ and Appellee distributors’ Motions to dismiss the public nuisance complaint. I would further reverse the trial court’s grant of all Appellees’ motions to dismiss the negligence and product liability claims.

I. Public Nuisance

The majority finds that Appellee manufacturers…