Monsees Miller Mayer Presley & Amick Client Featured on CNBC Report "Remington Under Fire"
RELEASED: Oct. 14, 2010
KANSAS CITY, MISS. - The family of Gus Barber will never forget the day in October 2000 that a Remington 700 rifle went off without pressing the trigger, causing a bullet to fatally wound 9-year-old Gus Barber. A CNBC investigation Remington Under Fire, highlighting the Barber's tragic story, is slated to air 9 p.m. Eastern Time, Wednesday, October 20, on CNBC.
The upcoming investigative report on defective Remington 700 rifles is important not only to the Barber's, but also to others who have been harmed by Remington rifles. The investigative exposé will educate the public on the fatal consequences suffered as a result of Remington's inaction to improve the quality of the 700 models, despite numerous complaints, injuries and fatal accidents caused by unintentional discharge of the gun.
The Kansas City law firm of Monsees Miller Mayer Presley & Amick represented the Barber family in their original claim against Remington after the 2000 incident. The firm's personal injury attorneys successfully help resolve the initial claim against Remington that included a limited recall and retrofitting of some 700 Remington models. This resolution also included steps toward a safety modification program and development of the "X-Mark Pro" trigger that is now installed on all newly manufactured Model 700 rifles.
The main problem with the Remington 700 rifle is that a design defect, which can be compounded by a manufacturing defect, causes the rifle to fire without touching the trigger. The trigger mechanism is not bound to the "trigger connector," so dirt, debris and rust accumulates in the gap between the connector and the trigger. Without the trigger resting in a secure position on the trigger connector, a discharge of the rifle can automatically occur without pulling or even touching the trigger.
For the Barber family, the gun discharged when Barb Barber, Gus' mother, was unloading her rifle and disengaging the safety mechanism. She did not touch the trigger of the Remington 700 rifle. Other victims of accidental firing have repeated similar stories regarding unintentional firing of the 700 models when the safety is disengaged. The malfunction may also occur when the bolt is opened or closed to unload the rifle.
In addition to representing the Barber family, and many other families over the past 2 decades, the law firm of Monsees Miller Mayer Presley & Amick has also taken recent action in an effort to hold Remington accountable for the harm caused by the 700 model rifles. Working with co-counsel, the product liability attorneys filed a class action suit against Remington in the United States District Court, Western District of Oklahoma. The suit includes serious breach of warranty allegations based on the defective Remington 700 models. If approved, the class would include all owners of Remington 700 models throughout the country.
Kansas City personal injury lawyer Tim Monsees said that the suit against Remington, if successful, would assist all Remington 700 rifle owners. "I believe that the class action has several layers of benefits," Monsees said.
"Certainly the first interest is a hope to help to educate the public on the inherent dangers of the firearm. We hope, ultimately, that through a financial resolution that we would allow individual rifle owners the necessary money to repair or replace unsafe rifles. We also hope, through negotiation, to seek some resolution that would result in a recall of all Remington 700 models that can be retrofitted with a reasonably safe trigger," he said.
Currently, the federal government does not have the power to regulate firearms or to issue a mass recall for a defective firearm. The gun manufacturer must issue a recall, as opposed to a federal safety commission recall that can be issued for other consumer products.
Internal Remington documents show that executives have been aware of the issues with the 700 models since as early as 1945, according to a CBS News report in 2001. It is alleged that dozens of deaths and hundreds of injuries are traceable to the defective Remington 700 models.
The CNBC investigation will be re-broadcast at 10 p.m. ET, 12 a.m. ET and 1 a.m. ET on Friday, October 21 and will also air 10 p.m. ET, Sunday, October 24, 8 p.m. ET and 12 a.m. ET Thursday, October 28 and 1 a.m. ET Sunday, October 31.
For more information about the Kansas City, Missouri, law firm of Monsees Miller Mayer & Amick, view the firm's website at www.mmmpalaw.com or contact the firm at 866-774-3233.