Mason v. Beemiller

I was approached by a local attorney in Barbourville, KY.  The Plaintiff had been injured in the right eye by a piece ejected from a Hi-Point pistol while firing at the range.  He had not been wearing eye protection.

Hi-Point had been failing and had clearly assembled a few pistols from stuff laying about the plant.  The back pressure of the primer blew out the face of the cartridge head seat, thereby blowing the firing pin out the rear of the slide and into the Plaintiff’s eye.  This was clearly bad manufacture (bad metallurgy and no heat treatment) and bad design (no fail safe for firing pin retention).

Beemiller, the successor to Hi-Point, fought bitterly and the case was removed to Federal Court.  In Cleveland, the firm of Lowe, Eklund, & Wakefield took the case.  The defendant brought in a series of 3 experts.  When the 3rd expert came in to examine, Gregory Scott of Lowe Eklund had me come to Cleveland to observe.   I was able to convey to Mr. Scott an understanding of the metallurgical and interior ballistics aspects of the case.  In observing the 3rd defense expert examine the subject pistol, I thought that he had trouble concealing his disgust.

Some few weeks later, Beemiller settled.