Goldstein v Earnest
Brady Sues Smith & Wesson and California Gun Dealer On Behalf of Chabad of Poway Synagogue Victims
More than one year after the mass shooting in Chabad of Poway Synagogue, Brady Legal has filed a lawsuit on behalf of the victims and survivors against the manufacturer and seller of the gun. Neil Gilmor of Artiano Shinoff and Sheldon Ostroff are counsel with Brady. The suit alleges that American Outdoor Brands Corporation, the parent company of major gun manufacturer Smith & Wesson, negligently and unlawfully designed and marketed the assault rifle used in the shooting and San Diego Guns, the gun dealer, violated California law in the sale. The suit seeks monetary relief and an injunction demanding that all parties reform their business practices.
“We do not have to live in an America where we are not even safe from gun violence in our places of worship, during one of the most important holidays of the year."Brady Legal Chief Counsel Jonathan Lowy
About the Complaint
The complaint alleges that the dealer violated California law, which prohibited transferring the shooter the weapon due to his age unless he presented a valid California hunting license. The complaint alleges that the shooter presented a California hunting license which was not yet in effect. Neil Gilmor from the Law firm Artiano Shinoff and the Law Offices of Sheldon A. Ostroff is also pursuing claims for negligent or intentional torts against the state of California, the shooter, and the shooter’s family.
If Smith & Wesson were to promptly agree to the safe, responsible actions we propose, we would drop the lawsuit against them tomorrow, without being paid a dime.”— Neil Gilmor, plantiff
The suit alleges that Smith & Wesson’s rifle could be easily modified into an assault weapon in violation of California law or to fire automatically, and was marketed in violation of California’s unfair business practices law, in a manner attractive to customers like the shooter — young men predisposed to violence. Similar claims against Remington Arms Co. were upheld in a lawsuit brought by victims of the 2012 mass shooting at Sandy Hook Elementary in Newtown, Connecticut.
The suit also alleges that San Diego Guns, the dealer that sold the weapon used in this crime, violated California law by transferring the weapon to the shooter although he was underage and did not present a California hunting license that was in effect.
About the 2019 Mass Shooting in Chabad of Poway Synagogue
On April 27, 2019, a nineteen-year-old man, specifically targeting the Jewish community, fired his Smith & Wesson M&P 15 AR-15 style semi-automatic assault rifle in the Chabad of Poway synagogue, where worshippers were celebrating Passover services. After killing one congregant, shooting the rabbi, and wounding others, the shooter was confronted by members of the congregation, causing him to flee. After calling the police and admitting to committing a hate crime, the shooter was apprehended by San Diego Police.
About Brady Legal
Brady has represented victims of gun industry negligence for over 30 years and has won over $60 million in settlements and verdicts in cases brought by Brady for victims and survivors. Brady also has won landmark precedents holding that gun companies can be held legally responsible for the damage caused by their irresponsible business practices and has forced gun dealers and manufacturers to reform their practices to prevent sales of guns to dangerous people. Brady has litigated in over 40 states, and won victories in the Supreme Courts of Kansas, Missouri, Ohio, Indiana, Alaska, and appellate and trial courts in California, Florida, Mississippi, New York, Massachusetts, Oregon, Pennsylvania, Utah, Washington, West Virginia, Wisconsin, and other states.