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Keywords

lawsuitplaintiffnegligenceliabilityappealcorporationstrict liability
plaintiffnegligenceliabilityappealcorporationstrict liability

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McCarthy v. Olin Corp., 119 F.3d 148, Prod.Liab.Rep. (CCH) P 15,016

Facts

On December 7, 1993, Colin Ferguson opened fire on a Long Island Railroad commuter train, killing six and injuring nineteen. The bullets used were Winchester 'Black Talon' hollow-point bullets, designed to enhance injuries. Plaintiffs, including survivors and the estate of a deceased victim, brought a lawsuit against Olin Corporation for negligent manufacture and strict liability. The case was removed to federal court, where Olin moved to dismiss the complaint, which the district court granted, leading to the appeal.

On December 7, 1993, Colin Ferguson opened fire on a Long Island Railroad commuter train, killing six and injuring nineteen.

Issue

Whether Olin Corporation could be held liable for negligence or strict liability in the manufacture and sale of Black Talon bullets used in a criminal act.

Whether Olin Corporation could be held liable for negligence or strict liability in the manufacture and sale of Black Talon bullets used in a criminal act.

Rule

Under New York law, a manufacturer is not liable for injuries caused by a product that is not defectively designed, and there is no duty to protect against criminal misuse of a product.

Under New York law, a manufacturer is not liable for injuries caused by a product that is not defectively designed, and there is no duty to protect against criminal misuse of a product.

Analysis

The court applied the rule by determining that the Black Talon bullets were not defectively designed, as they performed as intended. The court noted that the risk of harm arose from the function of the product, not from a defect. Additionally, the court found that Olin had no legal duty to prevent criminal misuse of its product, as New York law does not impose such a duty on manufacturers.

The court applied the rule by determining that the Black Talon bullets were not defectively designed, as they performed as intended.

Conclusion

The Court of Appeals affirmed the district court's dismissal of the plaintiffs' claims, concluding that they failed to state a cause of action under New York law.

The Court of Appeals affirmed the district court's dismissal of the plaintiffs' claims, concluding that they failed to state a cause of action under New York law.

Who won?

Olin Corporation prevailed in the case because the court found that the bullets were not defectively designed and that Olin had no duty to limit sales to law enforcement.

Olin Corporation prevailed in the case because the court found that the bullets were not defectively designed and that Olin had no duty to limit sales to law enforcement.

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