Florida Verdicts

Plaintiff(s):

Chris P. Carter (Male)

Plaintiff Attorney(s):

David L. Selby II;
Bailey & Glasser, LLP;
Birmingham,
AL,
for
Chris P. Carter ■ John W. Barrett;
Bailey & Glasser, LLP;
Charleston,
WV,
for
Chris P. Carter ■ Todd Wheeles;
Morris, Haynes, Hornsby & Wheeles;
Birmingham,
AL,
for
Chris P. Carter

Defendant(s):

Forjas Taurus, S.A., 

Taurus Holdings Inc., 

Taurus International Manufacturing Inc.

Defense Attorney(s):

John Patrick Marino;
Smith, Gambrell & Russell LLP;
Jacksonville,
FL,
for
Forjas Taurus, S.A., Taurus Holdings Inc., Taurus International Manufacturing Inc. ■ John F. Weeks IV;
Smith Gambrell & Russell, LLP;
Atlanta,
GA,
for
Forjas Taurus, S.A., Taurus Holdings Inc., Taurus International Manufacturing Inc. ■ Kristen Braken;
Smith, Grambrell & Russell LLP;
Jacksonville,
FL,
for
Forjas Taurus, S.A., Taurus Holdings Inc., Taurus International Manufacturing Inc. ■ Timothy A. Bumann;
Smith, Gambrell & Russell LLP;
Jacksonville,
FL,
for
Forjas Taurus, S.A., Taurus Holdings Inc., Taurus International Manufacturing Inc.

On July 29, 2013, Chris Carter, a Scott County, Iowa, sheriff’s deputy, was on duty and in pursuit of a suspect when his handgun, a Taurus PT-140PRO, dropped out of his holster and discharged. According to Scott, the pistol had the safety engaged and a round was fired from the gun with the case remaining in the chamber. This was one of many incidents involving Taurus handguns, which are manufactured in Brazil by Forjas Taurus, S.A. Scott, on behalf of himself and other Taurus handgun owners, filed a lawsuit against Forjas Taurus, S.A., Taurus International Manufacturing Inc., and Taurus Holdings Inc. Class-action status was sought and obtained. The suit, which eventually included nine Taurus models (PT-111 Millennium, PT-132 Millennium, PT-138 Millennium, PT-140 Millennium, PT-145 Millennium, PT-745 Millennium, PT-609, PT-640, and PT-24/7), claimed that the Taurus handguns were defective, that Taurus knew about the defect and did nothing to inform the public or fix the defect. suit alleged, among other claims, negligence, design and manufacture defects, failure to warn, failure to test, breach of warranty, fraud, violation of the Florida Deceptive and Unfair Trade Practices Act and of the Magnuson-Moss Warranty Act. The alleged defect was that the trigger and locking mechanism of the handguns often malfunctioned and caused unintended discharges of the weapons after being bumped, jarred, or dropped. There was anecdotal evidence concerning incidents globally that involved Taurus handguns discharging accidentally, without the application of any intentional pressure to the trigger. Many of these incidents involved injury to both gun handlers and bystanders. Taurus denied that its guns were defective in any way and blamed the cited incidents to improper use of the weapons.

The discharge of Carter’s weapon caused only property damage to his police vehicle. The class action did not so much seek damages for any particular plaintiff’s bodily injury, but rather was aimed at a remedy for the class of gun owners whereby they could be reimbursed for the cost of their allegedly defective weapon and steps taken for their replacement and/or repair.

A settlement was reached valued at $239 million. In addition, the defendants agreed to pay $9 million in attorney fees. There are approximately 955,796 pistols included in the class. Class members may receive up to a $200 cash payment for each class pistol or have the pistol replaced with a new model which includes added safety devices.

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel declined to contribute.