Matthews, et al v. Remington Arms Co., Inc., No. 09-31217 (5th Cir. 2011)
Annotate this CasePlaintiff sued defendant under the Louisiana Products Liability Act ("LPLA"), La. Rev. Stat. Ann. 9:2800.51-.59, for his injuries that resulted from his firing a Remington Model 710 rifle ("rifle"). At issue was whether the district court erred in its findings regarding the bolt-assembly pin and its "reasonably-anticipated-use" finding. The court applied a highly deferential standard and held that the district court did not clearly err when it found that the bolt-assembly pin was not in the rifle when plaintiff fired it and suffered injuries from the uncontained explosion. The court also held that the district court did not clearly err when it found that defendant should not have expected the rifle to be fired after someone had removed, but failed to install, the bolt-assembly pin. Accordingly, the court affirmed the district court's denial of plaintiff's motion for a new trial.
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