Legal Opinion
City of Gary v. Smith & Wesson Corp.
Indiana Court of Appeals
Decided May 23, 2019No. Court of Appeals Case 18A-CT-181PublishedCited by 3 opinions
1Opinion of the Court
Crone, Judge.
Case Summary
[1] The City of Gary ("the City") appeals the trial court's grant of judgment on the pleadings on its amended complaint against various handgun manufacturers ("the Manufacturers"), 1 which includes claims for public nuisance, negligent distribution and marketing, and negligent design. The trial court ruled that the City's claims are barred by a 2015 amendment ("the Amendment") to Indiana Code Section 34-12-3-3 ("the Immunity Statute"), which made the statute retroactive to four days before the City filed its original complaint in 1999. The court also ruled that the…
2Cases cited39 opinions
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
- Risty v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1926
- City of New York v. Beretta U.S.A. Corp.Court of Appeals for the Second Circuit · 2008
- Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. SandersIndiana Supreme Court · 2012
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3Cited by3 opinions
- MEGA OIL, INC. v. CITATION 2004 INVESTMENT LLCIndiana Court of Appeals · 2023
- Smith & Wesson Corp. v. City Of Gary, IndianaIndiana Court of Appeals · 2025
- Todd Rokita v. Board of School Commissioners for the City of IndianapolisIndiana Court of Appeals · 2025