Schoeffler v. Remington Arms, Inc.

339 So. 2d 52, 1976 La. App. LEXIS 4589
CourtLouisiana Court of Appeal
DecidedNovember 10, 1976
DocketNo. 5697
StatusPublished
Cited by1 cases

This text of 339 So. 2d 52 (Schoeffler v. Remington Arms, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schoeffler v. Remington Arms, Inc., 339 So. 2d 52, 1976 La. App. LEXIS 4589 (La. Ct. App. 1976).

Opinion

DOMENGEAUX, Judge.

This is a products liability action. Plaintiff, Ramona Boutte Schoeffler, was injured when a .22 caliber bullet accidentally discharged, striking her in the leg. She and her husband, William Schoeffler,1 instituted suit against Remington Arms, Inc., manufacturer of the bullet, and Cullum and Boren, distributor of same. From a judgment of dismissal plaintiff has appealed. We affirm.

Plaintiffs owned and operated a gun shop in the city of Lafayette, Louisiana, both having considerable experience in the field of firearms. They were in the habit of driving out to a certain piece of property near the Vermilion River, which they owned, each afternoon, to take target practice with .22 caliber firearms. On the afternoon of May 6, 1975, plaintiffs ventured to the Vermilion River property and were joined by 15-year-old Ricky Leblanc, the son of a friend. Mr. and Mrs. Schoeffler had in their possession on that afternoon two .22 caliber firearms, to-wit: A Ruger automatic pistol and a collapsible survival rifle.

A few days prior thereto Mrs. Schoeffler had purchased three boxes of Remington .22 caliber rimfire ammunition, each box containing 100 cartridges. On the day prior to the date in question plaintiffs had also been at the Vermilion River property firing the same two weapons. The only ammunition which they used was the above described Remington .22 caliber cartridges. Plaintiffs experienced a number of misfires with this ammunition in both weapons. On May 6, 1975, the following day, plaintiffs employed the above described ammunition exclusively, experiencing several additional misfires, again using both firearms.

Sometime hear dusk, the mosquitoes in the area became bothersome, and the parties decided to terminate their shooting ac[53]*53tivities. Mr. Schoeffler was firing the Rug-er automatic pistol at the time and testified that, on the last clip, he experienced misfires with the second and third cartridges and was forced to eject them manually. After firing his last shot Mr. Schoeffler pulled the trigger and hearing a click, assumed that the final cartridge had been fired. However, he failed to further examine the weapon to verify that assumption.

Mrs. Schoeffler then began to dismantle her survival rifle, and plaintiffs walked from the bank of the Vermilion River to their pickup truck which was parked only a few feet away. Mr. Schoeffler placed the pistol on the seat of the pickup, and both parties went around to the back of the truck to store the remainder of their gear in the camper portion thereof. Mrs. Schoeffler returned to the cab of the truck, opened the door, entering partially, when the Ruger pistol discharged, the bullet therefrom striking her in the leg. In a written statement given to investigating police officers, Mr. Schoeffler stated that he was also entering the truck at the time of discharge and that his hand had struck the weapon at the time of firing. However, this plaintiff later denied that he was in the truck at the time the pistol discharged.

Plaintiffs filed this suit contending that Mrs. Sehoeffler’s injury was caused by a defect in the ammunition which caused a “misfire”. Defendants denied any defect whatsoever in their product, alleged contributory negligence on behalf of plaintiffs and filed a reconventional demand against Mr. Schoeffler for contribution should they be adjudged liable. The trial judge found that the cartridge in question in fact misfired but that the subsequent discharge thereof could not have been caused by the shell itself. The district judge concluded that plaintiffs failed to prove by a preponderance of the evidence that the cartridge was defective and/or that their damages were caused by any defect thereof. He further found that the proximate cause of Mrs. Sehoeffler’s injuries was the negligence of her husband.

Three individuals were accepted by the court as experts in the field of firearms and related matters, and all testified in defendant’s behalf.

Jack Chisnall, a 36-year employee of Remington Arms Company, Inc., and currently supervisor of Product Service, provided the court with the following definitions:

“A misfire is a cartridge in which the primer has been struck, ignition does not take place, and the bullet or shot remains within the cartridge case.
A delayed fire is one whereby a person has attempted to fire a cartridge and for some reason the arm itself hung up and then the firing pin and hammer let go to a later date or time.
The knowledge and term hangfire is one whereby it might occur up to three-hundredths of a second, three-hundredths of a second.”

Richard A. Sahlin, a 35-year employee of Remington Arms Company, Inc., and currently chief processing engineer, testified that the normal time lag between the striking of the firing pin on the primer of a cartridge and the actual firing thereof is one and one-half to two milliseconds (thousandths of a second). He further stated that it was impossible to have a time lag of four to five seconds and that the longest he had ever experienced was 15 milliseconds.

The most eminently qualified expert who testified at trial was Col. Edward B. Cross-man, a nationally renowned writer and expert in the field of firearms and ammunition. Colonel Crossman defined the term “hang fire” as follows:

“. . . a delayed perceptual to the shooter during the time the firing pin strikes the primer, until the bullet or shot charge leaves the muzzle of the gun. In practical purposes this means, a delay of approximately 40 milliseconds.”

The following testimony was elicited from this expert:

[54]*54“Q. Now you have done extensive research into misfires, haven’t you? I mean hangfires?
A. Yes, sir.
Q. Communicated with experts around the world in ammunitions, haven’t you?
A. I talked to them, yes.
Q. And you have written at least one article on the phenomenon, haven’t you?
A. Yes, sir.
Q. And in your professional opinion, based on your years of experience and. all your research, is it possible with modern day ammunition, such as is involved in this case, to have a delay between the time the firing pin strikes the rim and the explosion of a shell, for 4, 5, or 6 seconds?
A. No, sir. Its impossible. Its impossible, it can’t happen.
Q. Tell the court what a misfire is?
A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

O'BRIEN v. Remington Arms Co., Inc.
601 So. 2d 330 (Louisiana Court of Appeal, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
339 So. 2d 52, 1976 La. App. LEXIS 4589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoeffler-v-remington-arms-inc-lactapp-1976.