Kansas Supreme Court Upholds Dismissal of Lawsuit in 2018 Emporia State Shooting Incident

The Kansas Supreme Court upheld a district court decision dismissing a lawsuit filed by a former Emporia State University football player, Marquise Johnson, who was shot by a teammate, Andre Lewis, in 2018. Lewis mistakenly believed that pulling the trigger was necessary to disassemble his newly purchased Beretta APX 9mm handgun. While attempting to show Johnson how to take apart the gun, the weapon discharged, striking Johnson in the left leg and leading to an amputation.

Johnson’s attorneys filed a product liability lawsuit against gun manufacturer Beretta and retailer Bass Pro Shops, claiming the handgun was defective. However, the court ruled in favor of the defendants, citing the federal Protection of Lawful Commerce in Arms Act, which provides immunity to manufacturers and sellers when a firearm is misused unlawfully. The Kansas Supreme Court agreed, finding that immunity applied in this case.

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