Posted: April 19, 2016

The case involves an allegedly faulty rifle manufactured by Olin Corp. which in a 2009 hunting accident in Indiana County, Pa., resulted in a man having his right leg amputated and his then-10-year-old daughter losing part of a finger. Kline & Specter represents Wayne and A.T. Trask in a lawsuit claiming that the Winchester Model 94 rifle made by Olin Corp. was defective and should have contained a warning to users about a flaw that resulted in its firing when dropped. Although negotiations in the case have not produced a settlement, the product liability case has already resulted in one positive development – the gun maker acted to issue a warning about the product, and a warning worded almost verbatim as one insisted upon by attorneys Shanin Specter and Michael Trunk. It notes that when there is a live cartridge in the chamber, “dropping, jarring or bumping the firearm may cause an accidental discharge, which may result in property damage, serious personal injury or death … ” It specifies that such a discharge can occur, among other instances, with its hammer in the half-cock safety position, which was the case when Trask’srifle fired. The warning lists a number of models, including Models 94, 1894, 9422 and 9422M; the Winchester Model 55 Sears; Model 54; Ted Williams Model 100; Winchester Model 64 and 64A; Winchester Centennial ’66; and the Winchester Canadian Centennial ’67. (See the entire warning notice)