Copyright 2002. The Associated Press. All Rights Reserved.
Wednesday, November 13, 2002
Widow's attorney asks jury to send message to gun industry
By JILL BARTON
Associated Press Writer
WEST PALM BEACH, Fla. (AP) - Two years after a 13-year-old student
gunned down teacher Barry Grunow in a middle school hallway, an
attorney
for his widow asked jurors to send a message to the gun industry
and
award the woman and her family $76 million.
Her lawsuit against a gun distributor is aimed at ridding the streets
of cheap weapons known as "Saturday Night Specials" and
alleges that the
Raven handgun that killed Grunow is unreasonably dangerous because
it
looks like a toy and often falls into the hands of juveniles.
Attorneys for gun distributor Valor Corp. argued that the gun
performed as designed, unfortunately bringing about a tragic
consequence.
"If you misuse it and if you fire it at someone then, yeah,
you would
expect that bad things will happen," said Valor attorney John
Renzulli.
The jury of six women will begin deliberations Thursday morning.
The case has drawn national attention because it questioned whether
a
gun distributor should have taken steps to make its products safer
and
because it addressed the flaws associated with a cheap, easily
concealable weapon that can be confused with a toy.
Shaking the small silver gun angrily in his hand, plaintiff's
attorney Bob Montgomery likened the weapon to "a nasty little
piece of
junk." He said Barry Grunow smiled when his student pointed
it at his
head because the student was known to frequently play jokes.
Students who saw Grunow fall to the floor moments later testified
earlier in the six-week trial they hadn't believed the gun was real.
Renzulli told jurors to fault Brazill for the loss suffered by Pam
Grunow and her two young children. Brazill, now 16, is serving a
28-year
sentence for second-degree murder.
Renzulli also cast blame on Lake Worth Middle School for letting
Brazill on campus with a weapon and on the family friend who kept
the
gun unlocked, next to bullets, in the dresser drawer where Brazill
found
it.
"There is a modicum of responsibility that we all take when
we buy
products," Renzulli said during his closing argument. "We
can't expect
to be reckless and careless and then, it's forgiven."
Defense attorneys maintained that the Raven .25-caliber handgun
is
legitimately used for self-defense and that its small size makes
it
convenient, not more dangerous.
But attorneys for Pam Grunow said the gun has no purpose because
it's
too unreliable and that it's not used by collectors, law enforcement
officers or the military, or for target practice, hunting or
self-defense.
Plaintiff's attorney Rebecca Larson said the gun, instead, is used
by
too many juveniles in too many crimes and urged jurors to weigh
the
weapon's benefits with its risks.
Montgomery, known for successfully spearheading the state's efforts
to sue Big Tobacco for $11.3 billion, said he hopes the case will
achieve what lawsuits against tobacco companies have. In those,
juries
have awarded multibillion dollar verdicts to smokers because tobacco
companies could have made their products less dangerous.
While people understand that guns, like cigarettes, are inherently
dangerous, he said, companies can take steps to make their products
safer.
"There were so many ways that Valor could have prevented or
deterred
this from happening, to give Nathaniel Brazill just a little bit
of time
to think about it," Montgomery said.
"You don't have a magic wand," he told jurors. "But
you have the
ability and the authority to right the wrong."
---
On the Net:
Valor: http://www.valorcorp.com
Brady Center to Prevent Gun Violence: http://www.bradycenter.org