DISTRICT OF COLUMBIA v. BERETTA

No. 03-CV-24, 03-CV-38.

847 A.2d 1127 (2004)

DISTRICT OF COLUMBIA, Appellant, v. BERETTA, U.S.A., CORP., et al., Appellees. Bryant LAWSON, et al., Appellants, v. BERETTA, U.S.A., CORP., et al., Appellees.

District of Columbia Court of Appeals.

Decided April 29, 2004.


Attorney(s) appearing for the Case

James C. McKay, Jr., Senior Assistant Corporation Counsel, with whom Robert J. Spagnoletti, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel at the time the brief was filed, and Edward E. Schwab, Acting Deputy Corporation Counsel at the time of argument, were on the brief, for appellant in No. 03-CV-24.

David S. Molot, Washington, with whom A. Stephen Hut, Jr., John Payton, Eric J. Mogilnicki, R. Kevin Bailey, Karen C. Daly, Roderick V.O. Boggs, Lois G. Williams, and Susan E. Huhta were on the brief, for appellants in No. 03-CV-38.

Thomas E. Fennell and Lawrence S. Greenwald, with whom Michael L. Rice, James A. Wilderotter, Paul R. Reichert, Lawrence P. Fletcher-Hill, Catherine A. Bledsoe, Robert E. Scott, Jr., Lauren Lacey, William M. Griffin, III, Jonann E. Coniglio, Paul F. Strain, M. King Hill, III, James P. Dorr, Sarah L. Olson, John F. Renzulli, Leonard Rosenbaum, Charles L. Coleman, III, Warwick R. Furr, II, Michael C. Hewitt, Michael J. Zomcik, Robert C. Tarics, Michael Branisa, Gerald F. Ivey, Amanda L. Rixse, Timothy A. Bumann, Paul Schleifman, Jeffrey S. Nelson, and Tina Schaefer were on the brief, for appellees.

Dennis A. Henigan and Brian J. Siebel, Washington, filed a brief as amicus curiae on behalf of the Brady Campaign to Prevent Gun Violence.

Roy T. Englert, Jr., Alan E. Untereiner, Jan S. Amundson, and Quentin Riegel filed a brief as amicus curiae on behalf of the National Association of Manufacturers.

James M. Beck, Frank J. Eisenhart, J. Gregory Dyer and Hugh F. Young, Jr., filed a brief as amicus curiae on behalf of the Product Liability Advisory Council, Inc.

Before TERRY and FARRELL, Associate Judges, and PRYOR, Senior Judge.


FARRELL, Associate Judge:

The District of Columbia and nine individual plaintiffs appeal from the dismissal of their suit against manufacturers or distributors of firearms alleging negligent distribution, public nuisance, and strict liability under D.C.Code § 7-2551.02 (2001). In a comprehensive written opinion, the trial judge entered judgment on the pleadings for the defendants on all counts, ruling in substance that the counts of negligence and public nuisance...

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