Smith & Wesson Corp. v. City of Atlanta

543 S.E.2d 16, 273 Ga. 431, 2001 Fulton County D. Rep. 628, 2001 Ga. LEXIS 149
Supreme Court of Georgia·Decided February 16, 2001·No. S00A1530, S00A1533·Published·Cited by 18 cases

Opinions

Hunstein, Justice.

On February 4, 1999, the City of Atlanta filed suit in the State Court of Fulton County against a number of firearms manufacturers, distributors, and trade associations to recover damages the City allegedly incurred in expenses associated with the manufacture, distribution, marketing, promotion, and sale of defective, negligently designed and unreasonably dangerous firearms. Five days later, in response to the City’s lawsuit, the Georgia General Assembly amended the firearms regulation statute, OCGA § 16-11-184,1 by reserving to the State the right to bring civil actions against firearms manufacturers, trade associations and dealers.2 Ga. L. 1999, p. 2, § 3, not codified by the Legislature, provides that the 1999 amendment is applicable to any actions pending on or brought on or after February 9, 1999. In June 1999 appellant Smith & Wesson3 moved to dismiss [432] the state court action based on the amended statute and the contention that the City did not have the right to regulate firearms in a matter preempted by state law. On October 27, 1999 after briefing and oral argument, State Court Judge M. Gino Brogdon granted Smith & Wesson’s motion to dismiss the claims sounding in strict liability, denied the motion to dismiss three of the negligence claims, but ruled that he would “revisit” the merits of the claims upon filing of summary judgment motions, and declined to rule on remaining claims in the complaint and amended complaint because they were not addressed in the motion to dismiss. In a written order dated November 4, 1999, Judge Brogdon refused Smith & Wesson’s motion under OCGA § 5-6-34 (b) to certify that the partial denial of the motion to dismiss was of such importance to the case that immediate review should be had by an appellate court.

Believing that the amended firearms regulatory statute precluded the City from pursuing any relief against firearms manufacturers, on November 11, 1999, Glock, Inc. and Browning Arms Company4 (hereinafter Glock, Inc.) sought a declaratory judgment from the Superior Court of Fulton County5 that the City’s lawsuit violated the express statutory bar contained in the statute and also sought an injunction to prevent the underlying state court action from going forward. Three weeks later, Smith & Wesson and others6 (hereinafter Smith & Wesson) sought writs of mandamus and prohibition against Judge Brogdon to compel Judge Brogdon to dismiss the case as well as a declaratory judgment that under the regulatory statute the tort lawsuit against the gun manufacturers could not be pursued by the City.7 The superior court issued orders on February 18, 2000, ruling that dismissal of the suit by the state court was not mandated by the regulatory statute, and even if it were, Smith & Wesson and Glock, Inc. were not entitled to such relief which circumvented the remedies available to them in the state court. Because we agree with the superior court that Smith & Wesson and Glock, Inc. were not entitled to the issuance of writs of mandamus or prohibition and were not entitled under these circumstances to injunctive or declaratory relief, we [433] affirm.

1. The City’s products liability complaint which mirrored lawsuits filed by other major cities, alleged that the firearms industry should be held responsible for gun violence resulting from the manufacture and distribution of handguns. Appellant Smith & Wesson contends that it was error for the superior court to refuse its petition to command the state court to dismiss the lawsuit because the amended statute prohibits a local political subdivision from taking any action related to firearms regulation, including instituting civil lawsuits.

Mandamus and its counterpart, prohibition, are extraordinary remedies available in limited circumstances to correct a clear abuse of discretion, where a duty imposed by law has been violated and where there is no adequate remedy by appeal. OCGA §§ 9-6-20, 9-6-40; Banks v. Benham, 270 Ga. 91 (510 SE2d 290) (1998). See Russell v. Evans, 260 Ga. 754 (2) (400 SE2d 11) (1991). Extraordinary writs are not the proper remedy to seek review of rulings of a trial court, including the denial of a motion to dismiss, as the reviewing court rarely has the authority to interfere with matters committed to the lower court’s discretion or to substitute its judgment for that of the lower court. Banks v. Benham, supra at 92. Extraordinary writs can only issue when the official act sought to be compelled is purely ministerial, not judicial in nature. Id. As the United States Supreme Court in Wilbur v. United States, 281 U. S. 206, 218-219 (50 SC 320, 74 LE2d 809) (1930), opined:

Where the duty in a particular situation is so plainly prescribed as to be free from doubt and equivalent to a positive command it is regarded as being so far ministerial that its performance may be compelled by mandamus, unless there be provision or implication to the contrary. But where the duty is not thus plainly prescribed but depends upon a statute or statutes the construction or application of which is not free from doubt, it is regarded as involving the character of judgment or discretion which cannot be controlled by mandamus.

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

Smith & Wesson Corp. v. City of Atlanta, 543 S.E.2d 16, 273 Ga. 431, 2001 Fulton County D. Rep. 628, 2001 Ga. LEXIS 149 (Ga. 2001).

543 S.E.2d 16 (Smith & Wesson Corp. v. City of Atlanta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Donald Schaeffer, Judge v. Marieo Kearney
Court of Appeals of Georgia, 2020
Duke v. State
306 Ga. 171 (Supreme Court of Georgia, 2019)
Shareet Mustafa v. Lillian Merriweather
Court of Appeals of Georgia, 2014
Gilbert v. Pridgen
728 S.E.2d 548 (Supreme Court of Georgia, 2012)
Watson v. Matthews
692 S.E.2d 338 (Supreme Court of Georgia, 2010)
MAGISTRATE COURT DEKALB COUNTY v. Fleming
667 S.E.2d 356 (Supreme Court of Georgia, 2008)
Ford Motor Co. v. Lawrence
612 S.E.2d 301 (Supreme Court of Georgia, 2005)
Titelman v. Stedman
591 S.E.2d 774 (Supreme Court of Georgia, 2003)
Ray v. Carthen
569 S.E.2d 542 (Supreme Court of Georgia, 2002)
Sturm, Ruger & Co. v. City of Atlanta
560 S.E.2d 525 (Court of Appeals of Georgia, 2002)
Smith & Wesson Corp. v. City of Atlanta
543 S.E.2d 16 (Supreme Court of Georgia, 2001)