South Florida Sun-Sentinel
Copyright 2003, South Florida Sun-Sentinel. All Rights Reserved.
Saturday, January 18, 2003
LOCAL
GRUNOW JUDGE SAYS APPEALS COURT WILL DECIDE CASE
BY PETER FRANCESCHINA STAFF WRITER
Attorneys for a South Florida gun distributor held liable for $1.2
million in damages for the murder of a Lake Worth teacher asked
a judge
Friday to throw out the verdict, while attorneys for the teacher's
widow
asked that the judgment be increased to $24 million.
Palm Beach County Circuit Judge Jorge Labarga said he would try
to
rule on those issues quickly, but said that ultimately the case
would be
decided in appeals courts.
Pam Grunow sued Valor Corp. of Sunrise for selling the Raven Arms
.25-caliber handgun used by student Nathaniel Brazill to kill her
husband, Lake Worth Middle School teacher Barry Grunow, on the last
day
of school in May 2000.
Her lawyers argued the handgun is a Saturday Night Special, a small,
easily concealed weapon mostly used in crime, preferred by youths,
and a
defective product because it wasn't sold with an internal locking
device.
After a six-week trial that ended in November, six jurors split
the
blame for Grunow's murder, finding the gun owner 50 percent responsible
because he didn't lock it up, the Palm Beach County School Board
45
percent responsible for not having better security, and Valor 5
percent
responsible.
The jury awarded a little more than $24 million in damages to Pam
Grunow and her two children, but neither the School Board nor the
gun
owner was a defendant, leaving Valor liable for $1.2 million.
Valor's attorney, Tom Warner, argued Friday that the gun distributor
shouldn't be held responsible at all because the jury's verdict
was
inconsistent on two questions they had to decide. On one question,
jurors decided the gun wasn't defective, but on another they found
Valor
negligent because the gun didn't have better safety features.
"It means there should be a judgment of zero for the defendant,"
Warner said.
Grunow's attorneys countered that Valor could still be negligent
because the company didn't take steps to keep the gun out of the
hands
of youths or provide a locking system.
"It called for special precautions in its distributorship,"
said
Grunow attorney Russell Bohn.
Grunow's attorneys also argued that Valor should have to pay the
entire $24 million verdict. Besides asking that the verdict be thrown
out, Valor's attorneys said the company deserved a new trial.
"As I've said before, let's not kid ourselves, the appellate
courts
are going to decide this case from now on," Labarga said at
the end of
the two-hour hearing that featured five lawyers for Grunow and four
for
Valor.
Both sides have vowed to appeal whatever Labarga decides -- Valor's
attorneys want the case dismissed, Grunow's attorneys want to hit
the
gun distributor with huge damages.
"The law is on our side," Rebecca Larson, one of Grunow's
attorneys,
said after the hearing.
"We're going wherever we need to," Valor attorney John
Renzulli said,
referring to future appeals.
Peter Franceschina can be reached at pfranceschina@sun-sentinel.com
or
561-832-2894.