Legal Opinion · Dissent

Matthews v. Remington Arms Co., Inc.

Court of Appeals for the Fifth Circuit

Decided May 18, 2011No. 09-31217Published

1DissentDennis, Circuit Judge

I respectfully dissent. The undisputed, concrete facts of this fully tried case show that the damage to the claimant, Jerry Matthews, arose from his own use of the rifle to shoot at a target, a use that an objective rifle manufacturer should reasonably expect of an ordinary person in the same or similar circumstances as Matthews’. Matthews did not allege or attempt to show that his damage arose from the use of the rifle by another person or entity. Thus, both the district court and the majority of this panel erred in misinterpreting and misapplying the Louisiana Products Liability Act (LPLA…

2Cases cited7 opinions

  1. Bell v. Jet Wheel Blast, Div. of Ervin IndustriesSupreme Court of Louisiana · 1985
  2. Murkeldove v. AstrueCourt of Appeals for the Fifth Circuit · 2011
  3. Delphen v. Dept. of Transp. & Dev.Louisiana Court of Appeal · 1995
  4. Great American Insurance v. AFS/IBEX Financial Services, Inc.Court of Appeals for the Fifth Circuit · 2010
  5. prod.liab.rep. (Cch) P 15,365 Ralph Kampen Katherine Kampen v. American Isuzu Motors, Inc.Court of Appeals for the Fifth Circuit · 1998

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