Todd and Kathy Brown of Rosston, Arkansas, are suing Smith & Wesson in federal court in Texarkana, Texas, alleging negligence by the gun manufacturer that led to a Dec. 27, 2007, accident in which Todd Brown’s left thumb was severed.
Gases escaping from the barrel cylinder gap cut off Brown’s left thumb when he fired the .460 Magnum revolver , the lawsuit states.
Smith & Wesson’s legal reply was filed on Aug. 14. It said, in part:
“Any injuries and damages claimed by the plaintiffs were the result of Todd Brown’s misuse of the handgun and his failure to follow the warnings and instructions provided by Smith & Wesson.”
The company’s reply continues, “Smith & Wesson says that any injuries or damages sustained by the plaintiffs were solely, directly, and proximately caused by Todd Brown’s negligent actions and conduct.”
Brown bought his gun and a scope on Dec. 21, 2007, for $ 1,896.58.
According to the complaint, when Brown took his gun hunting, he “had to support this very heavy gun entirely with the strength of his hands and arms while trying to steady the cross-hairs of the scope on the deer, and in doing this, Todd held the pistol grip with his right hand and placed his left hand under the trigger guard of the revolver and also braced the gun against the window of the deer stand.”
The lawsuit claims that Smith & Wesson should have known a hunter might move a hand forward on the 460 Magnum’s barrel.
“Further, Smith & Wesson was negligent in failing to give Todd Brown a reasonable and adequate warning and instruction respecting the nature, extent and severity of the danger of the devastating injury and harm (i. e., it will cut your hand off) presented to a shooter by its Model 460 Magnum Revolver,” the lawsuit said.
