Regarding James TERTIN report sourced by
@Jgault
Sig Sauer Loses Bid to disqualify Experts in Accidental Firing Case
MARCH 19, 2025
The Sixth Circuit’s denial of Sig Sauer’s petition leaves intact a published Jan. 27 decision finding a pair of experts could testify that the design of the pistol made it easier for the gun to be discharged unintentionally.
Law360 (March 19, 2025) — The Sixth Circuit on Tuesday rejected Sig Sauer’s petition for the full court to disqualify expert testimony that its P320 pistol was defectively designed because it lacked safety features used in other firearms.
The gunmaker had sought en banc review of a decision allowing the experts to opine in support of claims that the Sig Sauer Inc.-made gun is prone to firing unintentionally. Sig Sauer is the target of numerous personal injury lawsuits across the country from gun owners who say their P320 pistols discharged without pulling the trigger.
The Sixth Circuit’s denial of Sig Sauer’s petition leaves intact a published Jan. 27 decision finding a pair of experts could testify that the design of the pistol made it easier for the gun to be discharged unintentionally when compared to rival products, and that Sig Sauer failed to use external safety mechanisms found in other guns.
The appellate panel’s 2-1 ruling in the case revived the claims of Timothy Davis, a P320 owner who sued Sig Sauer after his gun discharged into his leg while he was getting out of his truck.
Experts James Tertin, a professional gunsmith, and William Vigilante, a risk analysis expert, were disqualified by the Kentucky district court judge presiding over Davis’ case. The judge had tossed Davis’ suit entirely because expert testimony is required for a product liability action under Kentucky law.
On appeal, the Sixth Circuit majority found the experts were correctly excluded from testifying about what caused the gun to go off inadvertently but should have been permitted to testify about the design of the P320 and alternative safety features Sig Sauer could have used.
Sig Sauer has defeated other defective design cases brought by P320 owners in Pennsylvania and Oklahoma by disqualifying their expert witnesses.
Keith Gibson of Littleton Park Joyce Ughetta & Kelly LLP said in a statement that Sig Sauer was “disappointed” by the Sixth Circuit’s decision but endorsed Judge Amul R. Thapar’s dissent from the panel’s January ruling, in which the judge had observed that the pistol’s lack of a manual safety was “a feature, not a bug.”
“To citizens who exercise their Second Amendment right to protect themselves and their families by carrying a firearm, it makes good sense. It allows them to draw, aim and fire at a moment’s notice, warding off danger and saving themselves and their loved ones from harm. That’s a feature, not a bug. And so long as the owner follows the golden rule of gun safety — don’t place your finger inside the trigger guard until you’re ready to fire — he can feel confident carrying such a firearm, even with a round in the chamber,” Judge Thapar wrote.
Robert Zimmerman of Saltz Mongeluzzi Bendensky, who represents Davis in the Kentucky case, said he agreed with the Sixth Circuit’s decision to deny Sig Sauer’s petition.
“Mr. Davis’ case has survived all legal challenges to date, and his case should be resolved by a jury of his peers,” Zimmerman said.
The gunmaker has been hit with multimillion-dollar verdicts in Georgia and Pennsylvania in unintentional discharge cases involving the P320 brought by plaintiffs represented by Zimmerman and his firm, Saltz Mongeluzzi Bendensky.
Sig Sauer has appealed the Georgia jury’s $2.3 million verdict to the Eleventh Circuit. Davis is represented by Robert W. Zimmerman of Saltz Mongeluzzi Bendesky and Doug Morris and Lea Player of Morris & Player PLLC.
Sig Sauer is represented by Brian Keith Gibson, Jonathan T. Woy, Kristen E. Dennison and Robert L. Joyce of Littleton Park Joyce Ughetta & Kelly LLP and Marshall R. Hixson, Robin E. McGuffin and Kyle S. Schroader of Stites & Harbison PLLC.
The case is Davis v. Sig Sauer Inc., case number 24-5210, in the U.S. Court of Appeals for the Sixth Circuit.
Source :
https://www.smbb.com/news-article/sig-sauer-loses-bid-to-dq-experts-in-accidental-firing-case/