Judge:
I wish I could clone you, and put you on the bench in 9th District Federal Court, or, better yet, the Kalifornia Supreme Court. Perhaps I could work as you research attorney , along with one or two that I know.

Your comments about the nitro express not stopping the animal remind me of the buffalo that went 60 yards after getting hit with a 4 bore.

Maybe the 375 you love and shoot all the time is better then the 458 Lott that kicks your butt enough so you don't want to shoot it...

s

[ 05-01-2003, 07:17: Message edited by: Socrates ]

As my mentor, Rodney King said, "Can't we just all get along?"... and then ran his car off the road for the 50th time... I think I'll just go with my friends to Northern Manitoba in June and bowhunt a bear, work my butt off for a while, and then play "you bet your ass" in Tanzania in August. Anybody want to help me settle my nerves with a toddy in the cold country or in the Selous?

Ray won't go. He says that I'm too much competition for the local beauties???? (And I won't have my dog with me.) Be the ladies topless in the Selous, or well clad north of 60 degrees, I guess that I'm the man! I wonder why nothing south of my navel knows that?

[ 05-01-2003, 07:30: Message edited by: JudgeG ]

Uncle Ernest wasn't the dog after all!

Leaving aside the ethics of the claim in this situation and the PH's motivations in bringing the case (which we just don't know), surely this a case of whether or not the ammo failed to perform as advertised? Lets say that it turns out there was a faulty batch of ammo which was expectionally soft and TB knew about it but released it any way, then perhaps the PH has a case??? My gut feeling he has little chance of winning this as there are so many variable involved, but TB might just settle out of court to save the hassle of defending it.

I don't think a Judge could critisize the PH for sececting this particular rifle/cailbre/ammo selection for the job at hand and in these liability conscious times maybe a PH is wise to select a factory load rather than a homeload???

"Teflon Rodney King"
Nothing sticks...

There is no claim in the reported accounts that the bullet blew up or otherwise did anything other than pierce the lion's skin and fail to expand--(at all?) (enough?) (who cares?). This guy made a mistake--under pressure, he failed to place his bullets properly--and in an understandable (but not laudable) effort to evade responsibility for their poor placement he is blaming the bullets themselves. He is wrong and misguided (by his lawyer). I agree with the email campaign suggestion and have sent him this one today:

"Dear Sir:

I have heard that you were mauled by a charging lion whose charge you failed to stop, notwithstanding that you were armed with a .458 Winchester Magnum magazine rifle loaded with excellent bullets. I have also heard that you filed a lawsuit against Federal Cartridge Company, in which you are alleging that poor bullets were the cause of your injuries. I am sorry you were injured, but I feel compelled to tell you that I and many others think that your lawsuit is ill-advised and even disgraceful. You are already becoming infamous among knowledgeable hunters, none of whom would even consider booking a hunt with you after hearing of this matter. Your lawsuit is all the more baffling because, as a PH with apparently fairly wide experience, you must realize that you will lose.

The only explanation for your failure to stop this lion is poor bullet placement. You must know that no bullet can be depended upon to stop the charge of a dangerous animal unless it strikes the animal's central nervous system, i.e., its brain or spine. You evidently failed to place your bullet where it was needed. This is understandable, given the exigencies of facing a charging lion. But the risk of failure under such circumstances, and the possibility of suffering injury or death, is the essence of our sport and none of us who is worth his salt would have it any other way.

To avoid further embarrassment and loss of business, you should drop this suit immediately and apologize for having brought it in the first place, and you should publicize that you are doing so as widely as possible."

This suit could be one of the many intended to drive firearms makers, and suppliers out of business.

Anyone know if ammunition companies are protected by the new Federal law, that if passed, will end these sort of harassment lawsuits against gun makers, and suppliers?

s

Judge,

I have to agree with Alf and Todd, I think you are painting with a broad and general brush when describing the malpractice climate in some parts of the U.S. It would be kind of like me saying you are some sort of crackpot judge based on the rulings of the 9th Circuit in California.

I'm with the Judge. Insurance companies have a history of acting in collusion, to price fix.

Judge is remembering a prior scandal, caused by the insurance companies doing exactly what they are doing now, charging outrageous rates to compensate for inefficent management, in a declining economy. They tried this shit in Kalifornia, but the People's Republic fixed insurance rates for cars on em, and they either had to go with the rates, or have no business.

I believe the same happened with Malpractice insurance, for awhile, but I'm old, and the memory fails sometimes...

s