Connecticut Supreme Court to Hear Sandy Hook Lawsuit Appeal

NEWTOWN, CT—The Connecticut Supreme Court will hear an appeal from the families of Sandy Hook victims that filed a lawsuit against the manufacturer and sellers of the gun used in the attack.

The case will bypass the Appellate Court and be heard directly by the state's highest court. A Bridgeport Superior Court judge dismissed the case.

“We very much welcome the Court’s swift action, particularly as these families approach the fourth painful anniversary of the shooting,” said the families’ attorney, Josh Koskoff of Koskoff, Koskoff & Bieder. “Time and again our Supreme Court has recognized the importance of allowing litigants their day in court and the indispensable role of a jury as arbiters of justice. That is all these families have ever asked for.”

The lawsuit was filed against Remington, distributor Camfour Inc. and gun shop Riverview Sales that sold the gun. Riverview applied for Chapter 7 bankruptcy over the summer.

Related: Judge Dismisses Lawsuit Brought by Families of Sandy Hook Victims Against Rifle Maker

Law firm Koskoff, Koskoff and Bieder argued that the Bushmaster AR-15 rifle shouldn’t have been released to the public and belongs only in the hands of military and law enforcement personnel.

“We are grateful that the Connecticut Supreme Court will hear our case immediately,” said Nicole Hockley, whose son, Dylan, was killed in the Sandy Hook shooting. “Our goal is and always has been to help prevent the next Sandy Hook, and today is an important step in that direction.”

In dismissing the lawsuit, Judge Barbara Bellis wrote in her decision that "Congress, through the Protection of Lawful Commerce in Arms Act (PLCAA), has broadly prohibited lawsuits 'against manufacturers, distributors, dealers, and importers of firearms...for the harm solely caused by the criminal or unlawful misuse of firearm products...by others when the product functioned as designed and intended."

The present case, which seeks damages for harms, including the death of the victims, that were caused solely by the criminal misuse of a weapon by Adam Lanza, falls within the broad immunity provided by PLCAA, Bellis wrote. Bellis wrote that the case also does not fit within the narrow exception that PLCAA provides.

Image via Connecticut State Police

Additional reporting by Feroze Dhanoa (Patch National Staff)