Punitive damages allowed in case against gun manufacturer

A federal judge has allowed punitive damages to go forward in Kline & Specter’s case against Olin Corp., the manufacturer of a rifle the law firm claims is defective and resulted in injuries to a father and daughter while on a hunting trip in rural Pennsylvania. Previously, U.S. District Judge Nora Barry Fischer of the Western District of Pennsylvania had found in favor of the plaintiffs in permitting two experts to testify in the case about a defect in the design of the Winchester Model 94 and that Olin should have issued warnings about the rifle. The incident occurred in 2009 when Wayne Trask and his daughter, A.T., who was 10 years old at the time, were hunting from a tree perch and dropped the rifle. The gun was half-cocked and in the safe position but it discharged, striking the father in his right leg and A.T. in a finger. Wayne Trask underwent several surgeries but lost his leg due to infection. His daughter had part of her finger amputated.