Brian Ward Posted May 21, 2015 Report Share Posted May 21, 2015 Thompson / Center Arms Found at Fault in Catastrophic Gun Failure On September 1, 2005, I was severely injured by a catastrophic gun failure. My face was permanently disfigured and sight in my right eye was lost forever. I was shooting with the Thompson/Center Encore Rifle. It blew apart because of a defect in its design. That horrendous day propelled me down a path I never planned on or wanted in my life. I’m not speaking out for personal gain or to be vindictive toward Smith & Wesson or Thompson/Center Arms (Thompson/Center Arms has apparently been sold to Smith & Wesson). I merely want the truth about this rifle to be known. I don’t want anyone to go through the pain and suffering I’ve endured. In my opinion, this rifle defect is something that was known about and has been covered up for years. After almost 10 years of battling over the Encore, I received the final judgment order from the 46th Circuit Court for the County of Otsego, Michigan. I sued Thompson Center Arms (TCA), and the jury found TCA at fault. The jury found TCA to have a defect in its design and found their manual to be defective. Throughout this entire process, from the day that my rifle had failed, until being given the green light to speak freely about this rifle, I have felt as though I’m involved in a David and Goliath scenario. In the end, no matter how much money they threw at this problem, with their team of lawyers and paid experts, the truth could not be veiled from the jury. At many points over the nearly 10 years since my injury, I have experienced hopelessness about the outcome of the case. One of these moments occurred during the trial. My attorney had in his possession letters, obtained from Thompson/Center through discovery, from other individuals who had incurred similar injuries from the same type of failure. Although the letters were discussed in open court, they were not allowed to be shown to the jury as evidence, based on a technicality concerning Thompson / Center’s claims as to when they had actually received the letters in relation to the date of my injury. A representative of the company did admit that he saw failures of this kind during testing. He also admitted that TCA destroys customer complaints every six months. Because of the pending suit, I have not been able to share these details until recently. I cannot adequately express what a tremendous relief it is to be able to finally share the truth about the dangers of this rifle. Most gun owners I know - including myself - thought suing a gun company was practically blasphemy. My suit was never about anything more than seeking truth. I believe wholeheartedly in the Constitution and stand for our Second Amendment rights. I love freedom. I was an NRA member when my injury occurred and I’m an NRA member now. This is the first lawsuit brought against TCA regarding this rifle that has been successfully litigated. In my opinion, TCA is fighting me so hard because the Encore Rifle has been wildly popular. A recall would cost potentially a lot of money. Still, I am now finally allowed to spread the truth about this gun. Please notify anyone you know who owns this rifle that it could catastrophically fail! The judgment is attached. I have blacked out the award amounts because the money is not important in this regard. No amount of money can compensate me for the loss of my sight and the years spent in recovery. Additionally, I truly believe this company will continue to fight this judgment, and as a result I will never see any monetary compensation. The court documents are now a matter of public record, and if you wish to seek out more details they can be obtained. Thank you for your time, and if you would like any additional information please let me know. Sincerely, Brian Ward Quote Link to comment Share on other sites More sharing options...
Ultradog Posted May 21, 2015 Report Share Posted May 21, 2015 (edited) I am sorry for your injury. Most court proceeding are all on public record. A lot of them can be read online nowdays. Do you have a case number that we could reference? Something we could use to look into the case? Nothing is coming up on google. I hate to cynical but you are a brand new user and are coming on here and maybe other places and proferring a terrible indictment of what I thought was a great company and a great product. I would like to read more about it. I believe you. But in the words of President Reagan when he was negotiating the START treaty , I want to "Trust But Verify". This IS the internet after all. Edit: i see you also posted this on the Firing Line Forum. And the high road forum Edited May 21, 2015 by Ultradog Quote Link to comment Share on other sites More sharing options...
Ravin R10 man Posted May 22, 2015 Report Share Posted May 22, 2015 (edited) First off, sorry to hear of the injury. If what you say is correct, then a recall is in order. I guess I'd like to know more about the load you were shooting, and powder charge. What exactly blew up? Can it be sent in and fixed? I cant find anything on this either; I did however find I'm not alone being somewhat skeptical on lack of details; https://thefiringline.com/forums/showthread.php?p=6086130 Edited May 22, 2015 by Mathews XT Man Quote Link to comment Share on other sites More sharing options...
RangerClay Posted May 22, 2015 Report Share Posted May 22, 2015 (edited) Edited May 22, 2015 by RangerClay Quote Link to comment Share on other sites More sharing options...
Brian Ward Posted May 22, 2015 Author Report Share Posted May 22, 2015 Sorry I didn't post the Judgment yesterday. I'€™m having a little trouble posting the PDF, the file is to large. What is the size limit? Quote Link to comment Share on other sites More sharing options...
Brian Ward Posted May 22, 2015 Author Report Share Posted May 22, 2015 See the PDF here - http://www.thehighroad.org/showthread.php?t=780669 Quote Link to comment Share on other sites More sharing options...
Ravin R10 man Posted May 23, 2015 Report Share Posted May 23, 2015 (edited) "Who's On First"? Can you not come right out and say what is was you were at fault for? 40% negligent by doing what? Edited May 23, 2015 by Mathews XT Man Quote Link to comment Share on other sites More sharing options...
Brian Ward Posted May 23, 2015 Author Report Share Posted May 23, 2015 "Who's On First"? Can you not come right out and say what is was you were at fault for? 40% negligent by doing what? Regarding the 40% fault issue. It seems like a lot of people are getting hung up on that. I’m not trying to hide that at all. But it is pure speculation why the jury decided how they did. I posted all the information I have….. the verdict. The jury didn’t write a paper summarizing their thoughts in the deliberation room. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted May 23, 2015 Report Share Posted May 23, 2015 Sorry about your injuries. TC always seemed to be a stand up company, would think they would have made right if they were in err, but who knows in this day and age. Hope more details about this come to light. Not downloading pdf files sorry. At any rate welcome to the forums. Quote Link to comment Share on other sites More sharing options...
Brian Ward Posted May 23, 2015 Author Report Share Posted May 23, 2015 I will not be posting for a few days. I’m going away with my wife and kids for Memorial Day weekend. I should be back in front of my computer Wednesday. I'll try to answer all the questions when I get back. Thanks, Brian Ward Quote Link to comment Share on other sites More sharing options...
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