This is the first lawsuit of its kind to solely on the dangers presented by the indiscriminate manufacture and sale of a high-capacity magazine. This weapon enabled a gunman to senselessly murder nine people and wound 17 others in the 2019 mass shooting in Dayton, OH.
Dayton, Ohio, August 2, 2021 - Today, five individuals who lost loved ones in the August 4, 2019 mass shooting in Dayton, OH, announced the filing 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. The suit was filed in Clark County, Nevada on August 1, 2021, by Brady, a national gun violence prevention organization, Cooper Elliott, a nationally-recognized Columbus, Ohio-based law firm, Claggett & Sykes Law Firm in Las Vegas, Nevada, and Texas trial lawyer John Sloan. The suit alleges negligence, negligent entrustment, and public nuisance.
Brady Chief Counsel and Vice President of Legal Jonathan Lowy shared:
“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. Two years ago in Dayton, OH, a 100-round ammunition magazine enabled a shooter to turn a popular entertainment district into a battle scene that killed nine people and wounded 17 others. We are bringing this suit on behalf of victims and survivors in hopes to prevent another tragedy like Dayton. We look forward to proving our case in court.”
Ben Cooper of Cooper Elliott shared:
"It’s been two years, but the victims' families and the survivors continue to experience unimaginable grief. They have come together to fight for change. By filing this lawsuit, they are taking the necessary steps to eliminate the sale of 100-round ammunition magazines, and we are honored to help them. It only took 30 seconds for the shooter to kill nine people and wound 17 others, and that’s because he had a 100-round magazine. No civilian needs a 100-round magazine. It's time for the manufacturers to be held accountable for their participation in these horrific events."
Sean Claggett of Claggett & Sykes in Las Vegas, Nevada shared:
“Claggett & Sykes is honored to be able to represent the families of those who senselessly and tragically lost their lives in the mass shooting on August 4, 2019 in Dayton. For years now, America has been tormented by an epidemic of mass shootings enabled by companies like KCI that produce gun accessories with one purpose: taking lives. We believe this lawsuit can bring about change and help prevent gunmen from obtaining military style high capacity magazines like the one used in the Dayton shooting. No family should have to suffer and grieve like these families have. Our hope is that this lawsuit will help prevent future tragedies by holding KCI accountable for its careless and reckless conduct.”
Texas trial lawyer John Sloan shared:
“I am proud to represent these brave families in their quest for justice. They, like most Americans, advocate only common sense gun laws. Their hope and prayer in filing this lawsuit is that no other family will have to experience the grief and loss they have suffered and will live with forever.”
About the Legal Case:
Filed in Clark County, Nevada, 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. It was foreseeable that, without sufficient safeguards, providing 100-round magazines to the general public would likely result in them being used in a mass shooting.
Dion Green: The only son of Derrick Fudge (age 57), who was killed in the shooting. Dion was there and watched his dad die in his arms. After the shooting, he started a nonprofit called the Fudge Foundation, which helps individuals impacted by mass shootings, human trafficking, and other forms of trauma.
LaSandra James: The mother of Lois Oglesby (age 27), who was killed in the shooting. When Lois was killed, had a 7-year-old daughter and a 2-month-old daughter. LaSandra is now their legal guardian.
Danita Turner and Michael Turner: They are the parents of Logan Turner (age 30), who was killed in the shooting. Logan was an only child and only grandchild. Danita said Logan was in love for the first time, and that the family expected they’d be planning a wedding soon.
Nadine Warren: The mother of Nicole Warren-Curtis (age 36), who was killed in the shooting. She worked for Anthem in Virginia Beach, but was in Dayton visiting her friend Monica Brickhouse, who was also killed in the shooting.
About High-Capacity Magazines
A high-capacity magazine, also called a large-capacity magazine, is typically defined as any magazine or drum that is capable of holding more than either 10 or 15 rounds of ammunition. In shootings where assault weapons or high-capacity magazines are used, 155 percent more people are shot, and 47 percent more people are killed. 10 states and the District of Columbia have banned high-capacity magazines. Though such regulations slightly differ between states. The National Law Enforcement Partnership considers anything above 10 rounds as high- or large-capacity and advocates for their limitation from civilian access and use. An analysis of mass shootings between 2009 to 2018 found that when high-capacity magazines were used in a mass shooting, five times as many people were shot compared to massacres carried out without them. The risk posed to public safety by the manufacture and sale of high-capacity magazines to civilians outweigh any benefit.
About the August 4, 2019, Mass Shooting in Dayton, OH
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.
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.