Brief of Amici Curiae LCAV, et al. in Adames v. Sheahan (Ill., filed June 2008).

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A child was unintentionally shot and killed by a friend who was playing with the service weapon of his father, a deputy sheriff. Plaintiffs, administrators of the estate of the deceased child, sued defendant firearm manufacturer on a strict products liability theory to recover for the child’s death. Plaintiffs appealed a judgment of the Circuit Court of Cook County, Illinois, which granted defendants' motions for summary judgment. Reversing a grant of summary judgment to the manufacturer, the court found, inter alia, that the manufacturer was not entitled to summary judgment on a failure to warn claim as there was no warning that a gun could fire a chambered bullet when the magazine was removed. Defendants raised the federal Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §§ 7901 - 7903, which immunizes firearms manufacturers from most lawsuits, as a defense, but the court found that the PLCAA did not require dismissal of failure to warn claim against the gun manufacturer.

Transcript of Brief of Amici Curiae LCAV, et al. in Adames v. Sheahan (Ill., filed June 2008).