LA: Cop shot by son loses suit against gun maker

[jgalt]

Cop shot by son loses suit against gun maker
By JON CASSIDY
THE ORANGE COUNTY REGISTER

A retired Los Angeles police officer who sued a gun maker after his 3-year-old son shot him had his lawsuit dismissed Friday by a Los Angeles Superior Court judge.

Enrique Chavez, now 39, of Anaheim, was off-duty when he was shot on July 11, 2006, while driving his Ford Ranger near Harbor Boulevard and La Palma Avenue. His son, who was not in a car seat, got a hold of the father's .45-caliber Glock while sitting in the back seat and shot him in the back, according to police reports.

Chavez was left paralyzed from the waist down.

In July 2008, he sued Glock, alleging that the gun's safety was "non-existent or ineffective."

In addition, the suit alleges negligence on the part of Uncle Mike's, the company that made the gun's holster; Turner Outdoorsman, the store where he bought the holster; and the Los Angeles Police Revolver and Athletic Club, where the officer purchased the gun.

In dismissing the suit, Los Angeles Superior Court Judge Kevin C. Brazile cited an "exhaustive review" of the gun's safety conducted by the Los Angeles Police Department before a purchase.

Chavez's attorney, Ian Herzog, argued that the LAPD review doesn't mean the gun is actually safe.

"If you're correct about that, it amounts to a revolution in products liability," Herzog told the judge.

Herzog argued that a jury should have been allowed to make that decision.

The defense had argued that Chavez admitted he forgot the gun was in the back seat when he put his son in the truck.

Brazile also dismissed the portion of the suit directed at the holster manufacturer and seller.

"There's nothing inherently dangerous about the holster," the judge said. "It's the gun that's dangerous."

[farmerj]

bought the only thing good I have heard come out of LA in a LONG time...

[LarryFlew]

Yeh a 39 year old "retired" LA LEO without a clue. Hope the lawyer required payment in advance not contingent on winning. If not he is no smarter than that LEO.

[macphisto]

Take yourself to court for gross negligence, you jerkoff.

[1911fan]

I never understood how this was Glocks fault.

[mrp]

I never understood how this was Glocks fault.

Same reason folks rob banks; that's where the money is.

[jgalt]

I never understood how this was Glocks fault.

In July 2008, he sued Glock, alleging that the gun's safety was "non-existent or ineffective."

Guess he's not buying the "Safe Action" or "three internal safeties" marketing...

[Ironbear]

I never understood how this was Glocks fault.

Same reason folks rob banks; that's where the money is.

Yep. It's all about deep pockets. It was a fishing expedition for money.

[tman]

Yeh a 39 year old "retired" LA LEO without a clue.

I bet he retired because he couldn't work anymore. It's not like he earned a regular pension.

[rugersol]

I say give the kid a 1911 (which has an "existent" safety), and let him take another crack at it!

[John S.]

WTF does Uncle Mike's Hard Lemonade have to do with this, am I missing something?

[macphisto]

Wow, John, good one!

[FJ540]

Give the kid shooting lessons, he obviously failed his objective.

[RobD]

[rugersol]

I was jest thinkin' ... maybe we should have our own "Darwin Awards" ... this guy could certainly be a "runner up", eh?