Copier by and through Lindsey v. Smith & Wesson
United States Court of Appeals for the Tenth Circuit
138 F.3d 833 (1998)

- Written by Kate Luck, JD
Facts
Tanya Copier (plaintiff) was shot by her ex-husband, Eldon Copier, and became paraplegic as a result of her injuries. The firearm Eldon used was a .38 caliber firearm manufactured by Smith & Wesson (defendant). Tanya sued Smith & Wesson, arguing that Smith & Wesson should be held strictly liable under the ultrahazardous-activity doctrine for injuries resulting from the manufacture of handguns because handguns were primarily used to injure and kill people. Smith & Wesson moved to dismiss the complaint, and the district court granted the motion on the basis that the applicable Utah law did not apply the ultrahazardous-activity doctrine to the manufacturing of firearms. Copier appealed.
Rule of Law
Issue
Holding and Reasoning (Holloway, J.)
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