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,