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Culpepper v. Hermann Weihrauch KG

United States District Court for the Middle District of Alabama
991 F. Supp. 1397 (1997)


Facts

Ann Culpepper (plaintiff) owned a handgun manufactured by Hermann Weihrauch KG (Weihrauch) (defendant). Culpepper typically kept the gun in a leather pouch either in the glove compartment of her car or beside her bed at home. One day as Culpepper carried her gun, purse, and groceries into her house, she dropped the gun. The gun fired, wounding Culpepper in the abdomen. Culpepper had to have a kidney and parts of her small intestine and colon removed. She sued Weihrauch for, among other things, design and manufacturing defects in her gun. Specifically, Culpepper alleged that her gun’s hammerlock safety was defective. Wiehrauch raised the affirmative defenses of contributory negligence, assumption of risk, and misuse of product. Culpepper moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Thompson, C.J.)

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