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SMITH V. BRYCO ARMS
State: New Mexico
Court: Court of Appeals
Docket No: 20389
Case Date: 07/27/2001
Plaintiff: SMITH
Defendant: BRYCO ARMS
Preview:1 SMITH V. BRYCO ARMS, 2001-NMCA-090, 131 N.M. 87, 33 P.3d 638 PATRICK GLENN SMITH and JEANNE LOUISE SMITH, individually and as natural parents and next of kin of SEAN PATRICK SMITH, Plaintiffs-Appellants, vs. BRYCO ARMS, JENNINGS FIREARMS, INC., (NV), a/k/a B.L. JENNINGS and JENNINGS FIREARMS, INC., (CA), Defendants-Appellees.
Docket No. 20,389 COURT OF APPEALS OF NEW MEXICO 2001-NMCA-090, 131 N.M. 87, 33 P.3d 638 July 27, 2001, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY. W. Daniel Schneider, District Judge. Released for Publication October 26, 2001. Certiorari Denied, Smith v. Arms, 34 P.3d 610 (Oct. 17, 2001) COUNSEL MICHAEL G. ROSENBERG, Rosenberg & Associates, P.C., Albuquerque, NM, BRIAN J. SIEBEL, Center to Prevent Handgun Violence, Washington, D.C., for Appellants. SALLY ANN HAGAN, J.D. Behles & Associates, a Commercial Law Firm, P.C., Albuquerque, NM, for Appellees. JUDGES MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, LYNN PICKARD, Judge. AUTHOR: MICHAEL D. BUSTAMANTE OPINION

{*90} BUSTAMANTE, Judge. {1} In this case we consider, under theories of strict products liability and negligence, the liability of the manufacturer and distributor of a .22 caliber handgun, referred to as the J-22, for the accidental shooting of an Albuquerque boy, 14-year-old Sean Smith (Sean), by his 15-year-old friend D.J. Valencia (D.J.). The trial court granted summary judgment to the gun manufacturer, Defendant Bryco Arms (Bryco), and to the gun distributor, Defendant Jennings Firearms, Inc. (NV), a/k/a B.L. Jennings and Jennings Firearms Inc. (CA) (Jennings). {2} Plaintiff raises strict products liability and negligence theories of recovery against Bryco
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