SMITH EX REL. SMITH v. BRYCO ARMS

No. 20,389.

33 P.3d 638 (2001)

131 N.M. 87

2001-NMCA-090

Patrick Glenn SMITH and Jeanne Louise Smith, individually and as natural parents and next of kin of Sean Patrick SMITH, Plaintiffs-Appellants, v. BRYCO ARMS, Jennings Firearms, Inc., (NV), a/k/a B.L. Jennings and Jennings Firearms, Inc., (CA), Defendants-Appellees.

Court of Appeals of New Mexico.

July 27, 2001.


Attorney(s) appearing for the Case

Michael G. Rosenberg, Rosenberg & Associates, P.C., Albuquerque, NM, Brian J. Siebel, Center to Prevent Handgun Violence, Washington, DC, for Appellants.

Sally Ann Hagan, J.D. Behles & Associates, a Commercial Law Firm, P.C., Albuquerque, NM, for Appellees.


OPINION

BUSTAMANTE, Judge.

{1} In this case we consider, under theories of strict products liability and negligence, the liability of the manufacturer and distributor of a .22 caliber handgun, referred to as the J-22, for the accidental shooting of an Albuquerque boy, 14-year-old Sean Smith (Sean), by his 15-year-old friend D.J. Valencia (D.J.). The trial court granted summary judgment to the gun manufacturer, Defendant Bryco Arms (Bryco), and to...

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