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ROBERT J. SNYDER v. CITY PHILADELPHIA (10/02/89)

decided: October 2, 1989.

ROBERT J. SNYDER, JR.,
v.
CITY OF PHILADELPHIA, PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, COLT INDUSTRIES, FIREARMS DIVISION AND SMITH AND WESSON. APPEAL OF LAMAR J. SLEMMER ET AL. LAMAR J. SLEMMER V. CITY OF PHILADELPHIA, PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, COLT INDUSTRIES, FIREARMS DIVISION, SMITH AND WESSON, REMINGTON ARMS COMPANY INC. AND STURM-RUGER AND COMPANY. APPEAL OF LAMAR J. SLEMMER ET AL. THOMAS MILLS V. CITY OF PHILADELPHIA, PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, COLT INDUSTRIES, FIREARMS DIVISION AND SMITH AND WESSON, REMINGTON ARMS COMPANY, INC., STURM-RUGER AND COMPANY. APPEAL OF LAMAR J. SLEMMER ET AL.



Appeal from Common Pleas Court, Philadelphia County; Honorable Nelson A. Diaz, Judge.

COUNSEL

Thomas B. Grier, Fine and Staud, Philadelphia, for appellants.

Anne G. Kimball and James P. Door, of counsel, Wildman, Harrold, Allen & Dixon, Chicago, Ill., Joan A. Yue, Pepper, Hamilton & Scheetz, Audrey L. Jacobsen, Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, for appellees.

Ellen Brown Furman, Goldfein & Josephs, Philadelphia, for Colt Industries.

Ralph G. Wellington, Schnader, Harrison, Segal & Lewis, Philadelphia, for Smith and Wesson.

Robert St. Leger Goggin, Audrey L. Jacobsen, Charles W. Craven, Philadelphia, for Remington Arms Co.

Thomas D. Caldwell, Jr., Caldwell & Kearns, Harrisburg, for Pa. Chiefs of Police Ass'n.

Joan A. Yue, Philadelphia, for Sturm-Ruger and Co.

Crumlish, Jr., President Judge, McGinley, J., and Narick, Senior Judge.

Author: Crumlish

LaMar Slemmer, Robert Snyder and Thomas Mills (police officers) appeal a Philadelphia County Common Pleas Court order sustaining preliminary objections filed by certain gun manufacturers*fn1 to their strict liability and negligence complaints.*fn2 We reverse and remand.

Police officers are Bristol Township policemen who attended handgun and firearm proficiency classes conducted by the City of Philadelphia and the Pennsylvania Chiefs of Police Association from 1963 through 1976. While participating in these mandatory training sessions, the police officers used the manufacturers' handguns and were repeatedly

[ 129 Pa. Commw. Page 93]

    exposed to "intense noise resulting from gunfire."*fn3 The police officers allege that they suffered permanent high frequency hearing loss because they were not provided with protective hearing devices while participating in these training sessions. Their amended complaint alleges that the manufacturers are strictly liable for distributing a defective ...


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