Florida Jury Rules in Favor of Savage Arms Inc. in Rifle Manufacturing Negligence Case

McAllister v. Savage Arms Incorporated

On March 8, 2024, the Florida jury returned the verdict in favor of  Defendant Savage Arms Incorporated in a personal injury lawsuit resulting from the allegations of a negligently manufactured rifle.

Case Background

On June 16, 2021, Kelli McAllister filed a lawsuit against Savage Arms Inc. before the United States District Court, Florida Northern, Panama City. Hon. The present product liability case was assigned to Judge T Kent Wetherell II and referred to Magistrate Judge Michael J Frank. [Case number: 5:21cv123]

Cause

On November 16, 2019, Kelli McAllister and her husband, Stacey McAllister, purchased a Savage Axis II rifle, serial # N451387, from Kings Outdoors in Chipley, Washington County, Florida. The rifle, designed, tested, developed, manufactured, marketed, advertised, distributed, and sold by Savage Arms Incorporated, was expected by the company to reach users, including Kelli McAllister, in the condition it left the manufacturer’s control.

After purchase, Kelli McAllister and her husband maintained the rifle in its original condition as confirmed during a joint inspection. Kelli McAllister familiarized herself with the rifle’s operation through the owner’s manual provided by Savage Arms Inc., which detailed the proper handling and safety procedures.

On February 11, 2021, while deer hunting in North Florida, Kelli McAllister used the Savage Axis II youth model rifle with the safety in the ‘on’ position throughout the hunt. After several hours in a tree stand without seeing any deer, she descended to stretch and use the restroom. While climbing back into the tree stand with the rifle on her left shoulder and the safety still engaged, she inadvertently triggered the firearm. The round struck her left ankle, exiting the opposite side of her leg. Despite applying a makeshift tourniquet and seeking medical assistance, Kelli McAllister experienced severe complications, necessitating multiple surgeries and a prolonged hospital stay at UAB.

Subsequent to her discharge, Kelli McAllister underwent ongoing treatment for her injuries, including therapy and adjustments to her living environment. Her mobility remains significantly impaired, impacting her ability to return to her previous work as a nurse practitioner. She allegedly discovered post-incident that the rifle’s safety mechanism was misrepresented in the owner’s manual, misleading her about its operational safety positions.

Injury

Due to the Savage rifle allegedly malfunctioning, the Plaintiff endured severe and lasting injuries, including extensive tissue, bone, nerve, and muscle damage. This resulted in multiple hospital stays and medical procedures, leaving her with permanent limitations, scars, and deficits. Her injuries are ongoing and anticipated to be lifelong. Due to Defendant’s negligence, Plaintiff McAllister sustained lasting physical and economic harm. This includes enduring past and anticipated future pain, suffering, disfigurement, and disability. Furthermore, it encompasses the loss of enjoyment of life and significant medical, hospital, surgical, and rehabilitative costs, both already incurred and expected

Damages

Plaintiff Kelli McAllister sought a judgment against Savage Arms, Inc. for all damages, including punitive damages, along with costs, interest, and attorney fees as permitted by law. She requested a jury trial.

Key Arguments and Proceedings

Legal Representation

• Plaintiff: Kelli McAllister
  • Counsel for Plaintiff: Ernest Clayton Hornsby, Jr. | James L Kauffman | Luke Monroe Tramwell | Michael Todd Wheeles | Matthew Gregory Garmon
  • Expert Witnesses for Plaintiff: William P. Munsell | Dr. Richard K. Harper | Leslie Gillespie
• Defendant: Savage Arms Inc
  • Counsel for Defendant: Anthony M Pisciotti | Danny Charles Lallis | Stephen Marshall Cozart
  • Experts for Defendants: Derek L. Watkins | David J. Brundage | Lorne “L.J.” Smith, Jr. | Ronnie J. Ducote II | Steven M. Hall, M.S.E., C.P.S.M | Chad Staller 

Claims

Plaintiff claimed Savage Arms Inc. designed, tested, developed, manufactured, marketed, advertised, distributed, and sold the rifle in a condition that posed an unreasonable danger to users, including Plaintiff Kelli McAllister, when used as intended on February 11, 2021. The rifle’s design defects rendered it unsafe and unsuitable for its intended purpose.

The rifle suffered from a manufacturing defect where the safety set screw was improperly adjusted, resulting in a misleading mid-position. This deviation from the intended design caused the rifle to function differently from its expected safe operation. Moreover, it was alleged that Savage Arms Inc. breached its duty of care to Plaintiff McAllister through various acts of negligence:
a. Failing to design, equip, and manufacture the rifle with safety devices that functioned as per the owner’s manual and reasonable user expectations.
b. Neglecting to properly design and manufacture the rifle’s safety systems.
c. Intentionally designing a rifle prone to a false safe mid-position.
d. Manufacturing a defective rifle that could discharge when the safety was not in the proper ‘SAFETY OFF’ position.
e. Failing to implement alternative designs that could have prevented the rifle from malfunctioning.
f. Not adhering to standard engineering principles in the design, equipment, manufacture, marketing, and distribution of the rifle.
g. Failing to promptly address the mid-safe defect once aware of it.
h. Neglecting to maintain adequate records of incidents, complaints, malfunctions, inspections, and testing.
i. Failing to provide clear operational and safety instructions, manuals, warnings, and literature regarding the defect.
j. Omitting necessary warnings to users.
k. Breaching other discovered duties during the legal process.

Defense

Due to the Defendant’s negligence, Plaintiff McAllister sustained lasting physical and economic harm. This includes enduring past and anticipated future pain, suffering, disfigurement, and disability. Furthermore, it encompasses the loss of enjoyment of life and significant medical, hospital, surgical, and rehabilitative costs, both already incurred and expected.

Expert Testimony

The Plaintiff brought in William P. Munsell, an accident deconstructionist, Dr. Richard K. Harper, an economist, Leslie Gillespie, an expert in life care planning.

The Defendant brought in expert witnesses to testify and strengthen his argument. Derek L. Watkins addressed the disciplines of firearms
design and manufacturing, firearm function, failure analysis, anticipated use of firearms and ammunition, incident reconstruction, and causation.

David J. Brundage addressed and reconstructed the events leading to injuries experienced by Plaintiff. Lorne Smith, Jr. gave his testimony in the area of safe firearm handling practices, hunter safety training, hunter safety and concealed carry courses, and elevated hunting safety. Ronnie J. Ducote II, an expert in the field of vocational rehabilitation and life care planning, addressed and responded to the opinions offered by Plaintiff’s experts.

Steven M. Hall testified about the alleged incident and Plaintiff’s use of the rifle, the sufficiency of the warnings and instructions for the product, and all other subjects addressed in his report. Chad Staller, an expert in economics, testified as to the present value of Plaintiff’s alleged economic loss based on the report and analysis of Ronnie Ducote.

Jury Verdict

On March 8, 2024, the Florida jury returned the verdict in favor of  Defendant Savage Arms Incorporated. The jury did not find the Defendant negligent in the manufacture or design of Kelli McAllister’s rifle. On the same date, a judgment was entered affirming the jury verdict.

Court Documents:

Available upon request