Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.Civil Litigation PA 110
October 15, 2014
Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION Culpepper V. Weihrauch KG, ETC. No. Civ. A. 96-T-1254-N November 5, 1997 On August 12, 1996, Plaintiff, Ann Culpepper, filled action against defendant, Hermann Weihrauch KG, ETC., seeking damages for injuries she sustained after an accidental shooting from the gun she owned that was manufactured by Weihrauch. Ann Culpepper imposed liability on Weihrauch under the Alabama Extended Manufacturer’s Liability Doctrine of 1979. This doctrine provides liability “if a company manufactured, designed or sold a defective product, which by unreasonably unsafe conditions, injured someone or damaged their property when such product, unaltered, was put to its intended use.” On March 5, 1996 after returning from work and the supermarket Ms. Culpepper attempted to carry the gun, purse and groceries to her house. She is unsure of how she attempted to carry everything but remembers that she got out of the car, heard a shot and felt pain. She was struck by a bullet in her lower right side of her abdomen requiring surgery to remove her right kidney and parts of her small intestine and colon. Witnesses to the incident saw indentation in the dirt of the driveway that looked like the hammer spur of a handgun. Plaintiff, Ann Culpepper, claimed several different product liability theories such as design and manufacturing defects, warning defects, negligent assembly and sale, negligent failure to warn, wanton failure to warn, and breach of implied warranty. Plaintiff also claimed that the devices hammer block safety, which prevents a drop fire accident, was improperly designed and manufactured. According to Ann Culpepper in Culpepper v. Weihrauch (1997), the hammer block safety is designed to “hold the hammer face off of the firing pin and prevent force...
References: Alabama Extended Manufacturer’s Liability Doctrine of 1979, No. 79-468, P.855, §2 (1979)
Culpepper v. Weihrauch, 991 F. Supp. 1397 (1997)
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