Green v. Kyung Chang Industry USA, Inc.
Background
Brady Legal represents five individuals who lost loved ones in the August 4, 2019, mass shooting in Dayton, OH. This case is a first-of-its-kind lawsuit against the manufacturer of the 100-round magazine used in the shooting, Kyung Chang Industry USA, Inc. (KCI USA), and its related South Korean company, Kyungchang Industry Co., Ltd.
In the early hours of August 4, 2019, a gunman opened fire in the Oregon District of Dayton, OH, outside of a crowded bar. The gunman fired 41 rounds in less than 30 seconds, killing nine people and injuring 17 others. The shooter was armed with a semi-automatic firearm equipped with a 100-round drum magazine manufactured by Kyung Chang Industry USA, Inc. (KCI USA). An additional 10 people were treated for injuries following the shooting, bringing the total injury count to 27. The shooting occurred less than 24 hours after a gunman opened fire in a Walmart in El Paso, TX, and a week after a mass shooting at the Gilroy Garlic Festival in Gilroy, CA.
“We believe this lawsuit is the first to focus solely on the dangers presented by the indiscriminate manufacture and sale of a large-capacity magazine. These are instruments of terror that have been used over and over to turn everywhere from shopping centers to churches to elementary schools into war zones."
Vice President and Counsel of Brady Legal Jon Lowy
About the Lawsuit
Filed in Clark County, NV, where KCI USA is located, the suit alleges negligence, negligent entrustment, and public nuisance by KCI USA in relation to the 2019 mass shooting. The suit alleges that KCI USA has no meaningful protocols, checks, or oversight in place to ensure that its product isn’t used in a mass shooting.
Brady successfully argued that the Protection of Lawful Commerce in Arms Act did not apply to shield KCI from liability for its conduct.
The suit was filed in Clark County, NV, on August 1, 2021, by Brady Legal, Cooper Elliott, a nationally-recognized law firm in Columbus, OH, Claggett & Sykes Law Firm in Las Vegas, NV, and Texas trial lawyer John Sloan.
