Credit: Adobe stockFederal Court Rejects Plaintiff's Attempt to Amend Claims Against Weapons Manufacturer
"As [the] plaintiff, who was represented by counsel, never filed a motion for leave to file an amended complaint, the court's dismissal without prejudice was not in error. Accordingly, [Libardo Jaramillo] has not demonstrated that there are exceptional circumstances warranting setting aside the judgment," U.S. District Judge Leslie A. Gardner concluded in a "drop-fire defect" claim against the Taurus GX4 Pistol.
December 31, 2024 at 01:59 PM
4 minute read
A federal judge in Georgia has affirmed the dismissal of a defective-design case against a firearm manufacturer after the plaintiff claimed it was the court's duty to give him a chance to amend his complaint.
U.S. District Judge Leslie A. Gardner of the Middle District of Georgia denied a motion to set aside a judgment entered Sept. 27 in favor of Taurus International Manufacturing, a handgun manufacturer based in Bainbridge, Georgia. The plaintiff, Libardo Jaramillo, alleged that the Taurus GX4 Pistol was knowingly designed and sold with a "drop-fire defect," in which the gun would fire unexpectedly when dropped or impacted. After granting Taurus' motion to dismiss, Jaramillo filed a motion to set aside the ruling, arguing that the court did not grant him leave to amend his complaint despite never motioning for one, according to the opinion.
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