Sandy Hook Lawsuit Families Appeal to State Supreme Court

NEWTOWN, CT—The families of nine Sandy Hook shooting victims are asking the Connecticut Supreme Court to hear an appeal after their case was dismissed. The suit alleges that the AR-15 weapon used to kill 20 children and six educators should have never been trusted to the public and that the gun was aggressively marketed to the public.

“We feel strongly that the critical issues raised in this case belong before our state’s Supreme Court and we hope the Court agrees,” said the families’ attorney, Josh Koskoff of Koskoff, Koskoff & Bieder. “The Supreme Court not only sets precedent but also reviews the applicability and relevance of prior decisions, and works to ensure that the common law is up-to-date with the realities and dangers of a changing world.”

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

The appeal asks for the State Supreme Court to look at the scope of negligent enstrustment, which hasn't been discussed by appellate courts in nearly a century. Families also argue that certain language in the Connecticut Unfair Trade Practices Act (CUTPA) must be determined by the court.

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

“Nothing will ever bring back my son, Dylan, or the other lives stolen from us on that awful day,” said Nicole Hockley, whose son, Dylan, was killed in the Sandy Hook shooting. “Our only goal in bringing this appeal is to help prevent the next Sandy Hook from happening and we have faith that Connecticut’s Supreme Court will take up what is literally a matter of life and death.”

In dismissing the lawsuit, Superior Court 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."

Legal experts suspected that the Sandy Hook families would have a tough time getting around federal Protection of Lawful Commerce in Arms Act, which provides broad immunity to gun manufacturers when their products are used in connection with crimes.