Gunmaker found not liable in accidental death
By Eric Kurhi
EDITOR
A gun manufacturer was cleared of responsibility in the accidental shooting death of a 15-year-old Berkeley boy 10 years ago.
An Alameda County Superior Court jury ruled Monday that the design of a pistol was not at fault in the accident that left Kenzo Dix dead at the hands of his close friend Michael Soe in May 1994.
In the wrongful death suit brought by Kenzo's parents, Griffin and Lynn Dix, the prosecution alleged that the Berkeley High School ninth-grader died because Soe didn't know the gun was loaded when he aimed it at Kenzo and pulled the trigger.
Attorney Elliot Peters said the chamber-loaded indicator on the pistol owned by Soe's father "utterly failed" and that the gun "was an inherently dangerous product."
Beretta lawyer Craig Livingston said safety features were adequate and that the company's firearms are perhaps the most tested firearms in history.
In his opening statement on July 19, Livingston said the case is about personal responsibility on Michael Soe's part for "using a real firearm to try to impress a friend" and parental responsibility on Clarence Soe's part for leaving the gun loaded and unlocked in a place where the boys could easily find it.
Prosecutors agreed that the Soes bear some responsibility, but said half the blame lies with the gun maker.
Jeff Reh, general counsel for Beretta, said, "We are sorry for the tragedy suffered by the Dix family and we hope publicity from this case will warn parents who own firearms to store them unloaded and locked if they have teenage children."
Jonathan Lowy, co-counsel for the Dixes and senior attorney at the Brady Center to Prevent Gun Violence, said that while the verdict is disappointing, the family is pleased with the attention the trial brought to gun manufacturing.
He said that since the case was brought to light, manufacturers have been selling guns with internal locks, "which would have prevented the death of Kenzo Dix and will prevent deaths in similar instances in the future."
"When the Dixes filed this suit there were no pistols being made in this country with internal locks and Beretta and other manufacturers ridiculed the idea. Today even Beretta is advertising a model with an internal lock," Lowy said.
He said the Dixes are considering an appeal, but that the main purpose of the suits was to try to save lives.
"They have accomplished this much more than many lawsuits that have had more success in the courtroom," Lowy said.
Livingston disagreed with the idea that the trial is responsible for internal locking devices on firearms. and that the trend is a recent development driven by legislation that started in Maryland.
This was the third time the case has been tried. The first trial cleared Beretta, but juror misconduct led to an appellate court granting another trial.
The second trial ended in a mistrial Dec. 23 with jurors deadlocked following four days of deliberations.
