Bender v. Colt Industries, Inc.

STEWART, Judge.

This is an action for damages for personal injuries sustained by respondent, hereafter referred tó as plaintiff, when a revolver purchased by him from defendant, Goodman’s, Inc., a retailer, and manufactured by defendant-appellant, Colt Industries, Inc., hereinafter referred to as defendant, discharged when it fell out of plaintiff’s pocket onto a concrete platform. The gun was Colt’s Single Action Army Revolver. The cause was pleaded and submitted on the theory of strict liability. The amended petition alleged that the trigger and sear of the gun “was fragile, weak and…