LAS VEGAS (KLAS) — Family members of victims of the 2019 Dayton, Ohio mass shooting have filed a wrongful death lawsuit against a magazine manufacturer in Nevada court.
Brady, a national gun violence prevention organization, and Cooper Elliott, a Columbus, Ohio-based law firm, filed the lawsuit on behalf of the family members against the manufacturer of the 100-round magazine used in the mass shooting that killed nine people.
The manufacturer, KCI USA, is a South Korean company with offices in Henderson, the lawsuit states.
The suit alleges negligence, negligent entrustment, and public nuisance, according to a news release.
Attorney Ben Cooper and Jonathan Lowy, with the Brady organization, held a press conference in Dayton on Monday. They were accompanied by Dion Greene and LaSandra James, family members of the shooting victims. Cooper and Lowy said they believe the lawsuit is the first in the United States to focus on high-capacity magazines.
The lawsuit is seeking an injunction to prevent the manufacturer from continuing to sell the 100-round magazines how they have been, including marketing, sales, designs and practices, Lowy said.
“If the Dayton shooter did not have such a large-capacity magazine, he would not have been able to inflict the damage that he did,” Cooper said. “No civilian needs a 100-round magazine.”
The 2019 shooting happened just after 1 a.m. Sunday, Aug, 4. Ten people were killed, including the suspect, and 27 people were injured. According to the lawsuit, the magazine allowed the shooter to “fire 41 rounds in approximately 32 seconds.”
Clients in the lawsuit include families of victims Derrick Fudge, Lois Oglesby, Logan Turner and Nicole Warren-Curtis.
“We believe this lawsuit is the first to focus solely on the dangers presented by the indiscriminate manufacture and sale of a large-capacity magazine,” Lowy said. “These are instruments of terror that have been used over and over to turn everywhere from shopping centers to churches to elementary schools into war zones. Two years ago, in Dayton, OH, a 100-round ammunition magazine enabled a shooter to turn a popular entertainment district into a battle scene that killed nine people and wounded 17 others. We are bringing this suit on behalf of victims and survivors in hopes to prevent another tragedy like Dayton. We look forward to proving our case in court.”
8 News Now has reached out to KCI for comment.
WDTN contributed to this article.