Firearm With Alleged Safety Pin Issue Misfires Injuring Woman

ByJohn Lomicky

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Updated onApril 11, 2019

This case involves a plaintiff who was a severely injured after her firearm malfunctioned. The plaintiff had purchased an automatic pistol for personal use. When she first took it to a firing range to use, the gun was not firing properly. She took the gun back to the defendant (whom she had purchased the weapon from) to have it examined and fixed. The employee at the counter took the firearm to the back for about 15 minutes and claimed he fixed it. The plaintiff then took the pistol out to the range and upon firing the first round, the gun misfired and went on full auto causing the plaintiff to shoot herself in the hand. It was alleged that there was a safety pin issue with the weapon. An expert was sought to perform an in-person inspection and opine on whether or not the pistol was returned to the plaintiff in an unsafe way.

Question(s) For Expert Witness

1. Please describe your familiarity with firearm design as it relates to accidental discharge.

2. Based on an inspection of the firearm, will you be able to determine if the pistol was returned to the plaintiff in an unsafe way?

Expert Witness Response E-006690

inline imageI am a third generation gunsmith and have been analyzing firearms for 15+ years now. As a gunsmith, I have helped customers fix problems with their guns and I have experience identifying safety issues. I will be able to determine if the pistol was returned to the plaintiff in an unsafe way.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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