Supreme Court Turns Away Cook County Gun Lawsuit

Monday, Dec 14, 2009  |  Updated 9:30 PM CDT
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Supreme Court Turns Away Cook County Gun Lawsuit

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The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims.

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The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims.

The justices on Monday refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U.S.A. Corp. over the accidental shooting death of his 13-year-old son.

The Illinois Supreme Court threw out the lawsuit, citing the federal 2005 Protection of Lawful Commerce in Arms Act.

Adames’ son, Josh, was shot and killed by 13-year-old Billy Swan, who found his father’s Beretta and removed the magazine containing the ammunition. He pointed the gun at Josh and pulled the trigger, not knowing that a bullet remained in the chamber.

Swan's father, David Sawn, was a Cook County sheriff's department correctional officer at the time.

Adames sued Beretta, saying the gun did not have the proper warnings or a safety mechanism that stops the gun from being fired without the magazine in place.

The case is Adames v. Beretta, 09-253.

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