Court Rejects Widow’s Suit Against Gun Co.
Date: Jun 1, 2005 9:25 PM
Court Rejects Widow’s Suit Against Gun Co.

By JILL BARTON
.c The Associated Press

WEST PALM BEACH, Fla. (AP) – An appeals court on Wednesday rejected a lawsuit that the widow of a teacher gunned down by a 13-year-old student had filed against a gun distributor.

Pam Grunow’s lawsuit argued that Valor Corp. was negligent in selling the cheap handgun used in the shooting and should be held liable for the May 2000 death of her husband, Barry Grunow. He was shot in the doorway of his middle school classroom by Nathaniel Brazill, who stole the gun from the man he considered to be a grandfather.

“We certainly sympathize with Grunow and recognize the tragedy of the events that transpired. However, it was Brazill, his grandfather, and perhaps the school that were liable, not Valor,” the opinion said.

A jury that heard the case in November 2002 had ordered the company to pay $1.2 million, but the trial judge threw out the verdict and Grunow appealed.

She could appeal to the state Supreme Court; her attorneys did not immediately return calls seeking comment Wednesday. Lawyers for Valor also did not respond to calls.

Brazill was sent home on the last day of school for throwing water balloons, but returned with the gun. He shot Grunow because the teacher wouldn’t let him speak to two girls in his class. Brazill was convicted of second-degree murder and is serving a 28-year prison sentence.

Valor’s attorneys argued that the company cannot be considered negligent if someone uses one of its guns for a crime. But Grunow’s attorneys said federal officials had told Valor for years that its .25-caliber Raven handgun was frequently used in crimes and that the company had a legal responsibility to make the weapons safer.