MCCARTHY V. OLIN CORP.
119 F.3d 148 (2nd Cir. 1997)
NATURE OF THE CASE: McCarthy (P), victims, sought review of a judgment of the United
States District Court, which dismissed their negligence suit against Olin (D), bullet
manufacturer, for failure to state a claim upon which relief could be grant under Fed. R.
Civ. P. 12(b)(6). Ps argued that the issue of whether they would ultimately prevail was a
matter to be determined on a factual basis and not merely on the pleadings.
FACTS: Colin Ferguson, a true nut cake, (if you saw him on court TV you know what a
little weasel he truly is) boarded a commuter train and opened fire on the passengers. Six
people were killed and nineteen others were wounded in the vicious attack. Ferguson was
armed with a 9mm semiautomatic handgun which was loaded with Black Talon bullets. This
bullet was designed to enhance the severity of any wound it caused. Ps sued the manufacturer
alleging negligent manufacture, advertising and marketing of a product that was unreasonably
designed and ultrahazardous, the making of an unreasonably dangerous product and strict
liability in tort. D moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6) for
failure to state a claim upon which relief can be granted. The district court granted the
motion. D owed no duty to Ps to protect them from criminal misuse of the Black Talon
ammunition. In strict liability Ps failed to allege the existence of a design defect in the
Black Talon because the ammunition must by its very nature be dangerous to be functional.
The risk of the Black Talon arises from the function of the product, not from a defect in
the product. The court noted that to state a claim in either negligence or strict liability,
Ps must demonstrate that D's breach was the proximate cause of their injuries. Here,
Ferguson's conduct was an extraordinary act which broke the chain of causation. This appeal
resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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