http://www.madisonrecord.com/n...ng-thumb-in-crossbow


Deer hunter sues Cabela's and Tenpoint after losing thumb in crossbow
6/12/2012 8:35 PM By Kelly Holleran



A man claims he lost his thumb after using a crossbow that he was told was the best and safest crossbow he could purchase.

Cyril B. Korte filed a lawsuit May 25 in Madison County District Court against Hunter's Manufacturing Company doing business as Tenpoint Crossbow Technologies and Cabela's Retail.

Korte claims he visited Cabela's in Hazelwood, Mo., in November 2009 to purchase a crossbow. After being informed of "the best and safest crossbow," Korte settled on a Tenpoint Phantom CLS crossbow, according to the complaint.

"Plaintiff relied on the expertise and representations of Cabela's in selecting and purchasing the Phantom CLS crossbow," the suit states.

On Nov. 12, 2011, Korte decided to use his crossbow to go deer hunting. As Korte was firing the crossbow at a deer, the bow string from the crossbow struck his left thumb, completely amputating a portion of it, the complaint says. Korte went to see doctors, but they were unable to replace his thumb.

Tenpoint should have known of the dangerous propensities of its weapon, Korte claims.

"Such injuries to users' fingers or thumb are the most common injuries associated with the use of Tenpoint's crossbows and Tenpoint was at all relevant times aware of this fact," the suit states.

Although the crossbow did contain a safety device called a GripSafety, the device was not adequate to protect users, Korte alleges.

"The GripSafety does not require the user to hold the fore-grip properly and safely below the surface of the flight rail," the complaint says. "For example, the thumb may slide up the GripSafety button and above the surface of the flight rail while continuously depressing the GripSafety button."

The crossbow should have included a grip guard to protect the thumb from slipping, according to the complaint.

In addition to an amputated thumb, Korte sustained physical impairment and disfigurement, experienced physical pain and suffering and endured an impaired ability to enjoy life because of the incident, the suit states. He also incurred medical costs, the complaint says.

Korte alleges design defect, violations of the Illinois Consumer Fraud Act, negligence, fraudulent misrepresentation, negligent misrepresentation, breach of implied warranty of merchantability and willful and wanton conduct against Tenpoint. He alleges strict products liability, violations of the Illinois Consumer Fraud Act, negligent misrepresentation, breach of implied warranty of fitness for a particular purpose and breach of implied warranty of merchantability against Cabela's.

He seeks a judgment of more than $600,000, plus attorney's fees and costs. He also seeks injunctive relief that would require Tenpoint to notify all Illinois residents about the dangerous nature of the crossbow, that would prohibit the company from selling dangerous crossbows and that would force the company to provide a free grip guard to all Illinois consumers.

Jeffrey S. Hebrank, Jason D. Johnson and W. Jason Rankin of Hepler Broom in Edwardsville will be representing him.

Madison County District Court case number: 12-L-739.

Geezzzzzz whose is next? Pocket knife manufacturers?? If that is the case I may be rich....

Interesting. I own an older ten point. I don't see how it the hell you could get our thumb in the way of the string. Newer ones might be a little different but even if I try there is no way I can get my thumb in a position to have the string take it off.

quote:

Originally posted by mike7mm08:
Interesting. I own an older ten point. I don't see how it the hell you could get our thumb in the way of the string. Newer ones might be a little different but even if I try there is no way I can get my thumb in a position to have the string take it off.

Apparently you aren't trying hard enough or thinking outside the box cuz somebody did it!
Frivilous ridiculous lawsuits this shit is unbelieveable.
When will people start taking responsibilities for their own actions again, used to be if you screwed up and hurt yourself being stupid you had to own up to it, now people can get fat and its someone elses fault can you believe it?

AND there are just a boat load of stupid people on the jury benches that award these idiots for being assholes.

quote:

AND there are just a boat load of stupid people on the jury benches that award these idiots for being assholes.

That's exactly why these types of cases should only be heard by a Judge, rather than a bunch of idiot jurors who will probably give the guy a million dollars. The companies will probably settle out of court for about half of what he wants and he will be a happy camper!

It is always someone elses fault. The Lawyer that took this case should be drawn and quartered. And the thumbless dumbass should be laughed out of court.


.

My girlfriend is a hand surgeon. She just has a patient that took a finger off with a cross bow. Never shot one myself.

I once smashed my thumb with a hammer....damn....shoulds sued.

This stuff is sickening and needs to stop.


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Just looked in the Cour d'Alene phone book, and noticed how many lawyers are in this area.. 39 pages of the hungry bastiges... (Hope they all have student loans)..

Unbelievable...I was an expert witness in a Cabela's case last year. A guy bought a treestand from Cabela's- he sneaked in to a Wildlife area here in KY that was closed for hunting, went up a tree, had his bow attached to his safety harness strap- but not himself - and he fell and died. He didn't have the climber attached to the tree correctly either. So his family tried to sue treestand company and Cabela's for this idiot's negligence. His niece also testified that he would not read the treestand instructions. Justice prevailed - and the judge dismissed the case with a summary judgement after depositions and our witness statements.

quote:

Originally posted by larryshores:
My girlfriend is a hand surgeon. She just has a patient that took a finger off with a cross bow. Never shot one myself.

Was his name Cyril B. Korte

A lady surgeon that does hand jobs---hmmm, LOL!

I have shot one an I can see it happening. OK not losing a finger but maybe a nail. If your going to be stupid you need to be tough.

As a famous philosopher once said: "Stupid is as stupid does."

She needs to go over to Tampa and fix that da Captain that was feeding the gators when he was on airboat charter, oops lost his hand

I use them all the time gator huntng just got to keep your fingers where they supposed to be but life in the USA " It not my fault"

quote:

Originally posted by larryshores:
My girlfriend is a hand surgeon. She just has a patient that took a finger off with a cross bow. Never shot one myself.

quote:

Originally posted by Tim Herald:
Unbelievable...I was an expert witness in a Cabela's case last year. A guy bought a treestand from Cabela's- he sneaked in to a Wildlife area here in KY that was closed for hunting, went up a tree, had his bow attached to his safety harness strap- but not himself - and he fell and died. He didn't have the climber attached to the tree correctly either. So his family tried to sue treestand company and Cabela's for this idiot's negligence. His niece also testified that he would not read the treestand instructions. Justice prevailed - and the judge dismissed the case with a summary judgement after depositions and our witness statements.

Tim:

I wanted to write a story about the dangers of recoil and enlisted the help of a doctor turned writer (you know him). He told me he will never write about recoil again, because he was flooded with requests from lawyers wanting him to testify in police disability hearings.

I will see the guy on Sunday for our annual varmint hunt in Wyo.

I'd be interested in seeing the evidence of the manner in which the design or construction is deficient. When I buy a crossbow I expect it to do damage to the target, not to me.

I remeber a John Wayne quote...

" Life is hard, it's harder if your stupid"

Sue all you want to. He is a dumb SOB and does not take responsibility for his own actions. There should be no court for that other than the court held by nature.

Next thing he will be dropping his wedding tackle in the InSinkerator and saying it was their fault for not telling him that could hurt or for failure to inscribe on their product, "Do not put Tea Bags in sink."

Classic!

Matt

quote:

Originally posted by Matt Moore:


Next thing he will be dropping his wedding tackle in the InSinkerator and saying it was their fault for not telling him that could hurt or for failure to inscribe on their product, "Do not put Tea Bags in sink."

Classic!

Matt

Nice one Matt funny stuff right there.

quote:

Originally posted by AnotherAZWriter:

quote:

Originally posted by Tim Herald:
Unbelievable...I was an expert witness in a Cabela's case last year. A guy bought a treestand from Cabela's- he sneaked in to a Wildlife area here in KY that was closed for hunting, went up a tree, had his bow attached to his safety harness strap- but not himself - and he fell and died. He didn't have the climber attached to the tree correctly either. So his family tried to sue treestand company and Cabela's for this idiot's negligence. His niece also testified that he would not read the treestand instructions. Justice prevailed - and the judge dismissed the case with a summary judgement after depositions and our witness statements.

Tim:

I wanted to write a story about the dangers of recoil and enlisted the help of a doctor turned writer (you know him). He told me he will never write about recoil again, because he was flooded with requests from lawyers wanting him to testify in police disability hearings.

I will see the guy on Sunday for our annual varmint hunt in Wyo.

I share your frustration. These cases are ridiculous.

At the same time, I think it's pointless for anyone to single out the lawyers for blame. They certainly deserve some of it for taking the cases, but the fact is the clients are the real problem. Way too many idiots have a sense of entitlement and won't take responsibility for their stupidity. It is getting worse for the shooting sports, because so many grow up without any exposure to it, which is a shame. That means that ignorant juries and judges boost the odds of their succeeding.

I won't get into detail about the cases I've refused, but believe me, even in a society like Japan, where they don't expect much from the legal system, you get plenty who are like that.

It would clean up our judical system quite a bit if they started some sort of loser pays system. As it is, the plainiff and his ambulance chaser stand to lose nothing except some time.
The ambulance chasers of America have elevated the nuisance suit to a fine art. Just like other leeches, they suck a fine living from the host without quite killing it.

Well with just about all crossbows the string rides right on the top of the forearm strut.If your finger or thumb is wrapped around that its going to go.That is why they make the forearm so large so you can`t do that.Every instruction manual I have read explains in detail why you can not hold the bow this way.So evidently Mr. Retard cannot read or did not read The Instructions.He should get 10 years for being stupid!!!

I bought a crossbow last week and that was the first set of pictures about what NOT to do. You didn't even have to read the instructions, just look at the pictures. What a maroon.

It is like saying, "Geee, I pointed the rifle in a safe direction, it didn't say not to put my finger in front of it."

this kinda reminds me of that old fool who shot himself in the foot/toe while cleaning his remmy rifle and sued the manufacturer for a faulty trigger.

Cannot idiot proof things

Because there are some very ingenious . . . .

out there.

Get an old TC muzzleloader owners manual before it was all "Lawyerd Up"

It covers this kind ofoner

Yep- most of it is ridiculous. I would be on the "other side"any time I could as a witness, etc. (as long as it was one of these idiot cases). I loved helping get something the crazy dismissed. These people need to learn that they can't get rewarded for being stupid...

i would love to be the judge in this one...
okay,now i want you to show me exactly where you were holding your hand.
and the string was pulled back,right, well go ahead.
then you did what??
hmmmm, looks like that hurts, i would think once would be enough.
give the bow back to the company, you are banned from hunting for life.
next case.