Strict Product Liability Action Brought By State Trooper Shot While Gun In Holster And Tried Under PA Supreme Court Tincher Guidelines Yields $2.6 Million Jury Award Against Holster Manufacturer
Jesse Oleksza was a Pennsylvania State Trooper who carried a Glock-37 duty pistol in a state police-issued duty belt and holster, which was designed, manufactured and supplied by Gould & Goodrich, Inc. then supplied to the Pennsylvania State Police by Markl Supply Company. On June 7, 2012, Oleksza returned to the Belfast State Police barracks with his belt and holster properly situated on his right hip and his Glock properly placed, seated and secured in the holster. Oleksza entered his patrol vehicle through the passenger side door to retrieve his duty shotgun and duty bag. Oleksza was holding a set of keys in his hands, a set was attached to the bag, and a third set was attached to his duty belt, forward of the holstered pistol. As he was backing out of the vehicle, Oleksza's holstered firearm discharged. The 45-caliber bullet struck Oleksza's right thigh before entering his lower leg, transecting the peroneal nerve, and lodging in his ankle. Multiple witnesses reported the pistol was holstered and secured following the discharge and Oleksza was cleared of any wrongdoing. Testing at the Pennsylvania State Police Bureau of Forensic Services confirmed that, due to the design of Goodrich's holster, a holstered firearm could be discharged by inserting a vehicle ignition key into the holster from the right side and exerting rearward pressure on the trigger.
Oleksza was taken to the emergency room at St. Luke's Hospital, Oleksza remained for five days. Oleksza was stabilized but staff decided not to remove the bullet to allow Oleksza to seek specialized treatment. Approximately one week after he was discharged, Oleksza was admitted to the Hospital of the University of Pennsylvania for surgical removal of the bullet and nerve grafting to repair the transected peroneal nerve injury. Post-surgery, Oleksza was in a series of casts and braces and engaged in lengthy and extensive physical therapy to restore function to his right lower extremity. Oleksza had drop foot and complete loss of sensation immediately following surgery but over the next several years was able to gain near-full use of his right lower leg. However, Oleksza was left with residual numbness, tingling, burning and neurological symptoms in his lower leg as well as secondary bilateral hip pain. Oleksza was able to return to work approximately two and a half years after the incident.
In June 2014, Oleksza filed suit against Glock, Gould and Markl in the Court of Common Pleas for Philadelphia County, Pennsylvania. Oleksza asserted claims of negligence, strict product liability, and breach of implied warranty of fitness for use.
Glock was dismissed from the case on Feb. 10, 2016.
Trial was presided over by Judge Dan Anders. The case was one of the first strict product liability cases tried under Pennsylvania's new guidelines set by the Pennsylvania Supreme Court in Tincher v. Omega Flex. The new guidelines stated strict product liability cases should be tried under the Consumer Expectation Test and Risk Utility Analysis.
On Oct. 18, 2016, the jury found in favor of Oleksza. The jury found Goodrich was negligent in designing the holster and its negligence was a factual cause of Oleksza's injuries. The jury found the holster defective under both the Consumer Expectation and Risk Utility Tests and found Goodrich had breached the implied warranty of fitness for use, resulting in harm. The jury did not find Oleksza was comparatively negligent. The jury awarded Oleksza $2,600,000 in damages. According to Oleksza's counsel, $249,000 was to be applied to a worker's compensation lien and existing medical expenses and wage loss and the balance was to be apportioned for Oleksza's pain and suffering.
Plaintiff was represented by Gerald Baldino of Sacchetta & Baldino. Gould & Goodrich was represented by Mark Merlini and Mark Giannotti of Marks, O’Neill, O’Brien, Doherty & Kelly. Markl was represented by Todd Narvol of Thomas, Thomas & Hafer, LLP.
Lexis Advance subscribers may view the complete summary here: Jesse Oleksza v. Glock, Inc.; Gould & Goodrich, Inc.; Markl Supply Company a/k/a Markl Supply Co; 2016 Jury Verdicts LEXIS 7898.
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