Case Notes

In Ryan v. Hughes-Ortiz, 81 Mass. App. Ct. 90 (Jan. 6, 2012), the decedent, a convicted felon, was killed by an accidental, self-inflicted gunshot wound he sustained while trying to return a gun he had stolen to its owner's previous hiding place. The plaintiff, the administratrix of the decedent's estate, sued the gun owner and its manufacturer in Massachusetts Superior Court, asserting claims of negligence and wrongful death against both the owner and manufacturer, as well as breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability) and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute) against the manufacturer alone. The plaintiff's claims against the manufacturer alleged that the gun and gun case were defectively designed because the case caused the loaded gun to discharge through the case and the gun itself was likely to discharge unintentionally. The trial court granted summary judgment for both defendants, and the plaintiff appealed to the Massachusetts Appeals Court.