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Martin v. Harrington and Richardson, Inc.

United States Court of Appeals for the Seventh Circuit
743 F.2d 1200 (1984)


Facts

Donovan and James Barnes shot and killed Larry Martin and wounded Kenneth Jackson (plaintiff). Brenda Martin (plaintiff), Larry’s wife, filed suit in federal district court against Harrington and Richardson, Inc. (H&R) (defendant), the manufacturer of the gun used in the shootings. Kenneth and Karen Jackson (plaintiff) joined the complaint against H&R. The plaintiffs alleged that H&R was strictly liable for damages. The plaintiffs reasoned that the gun used in the shootings was an unreasonably dangerous instrument. The complaint did not assert claims for products liability or negligence. The district court dismissed the complaint for failure to state a claim. The plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Pell, J.)

Concurrence (Cudahy, C.J.)

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