Exploding Ammo Lawsuit Dismissed

LAS VEGAS (CN) - A federal judge dismissed with prejudice a product liability and negligence lawsuit against Remington Arms and ammunition makers over an exploding AR-15 rifle.

Andrew Smith claims his Bushmaster AR-15 rifle exploded in his face as he shot it in the Nevada desert in April 2014. He sued Wolf Performance Ammunition, Remington Arms, and third-party plaintiff Sporting Supplies International sued third-party defendants Tula Cartridge Works and Tulammo USA.

Remington Arms is the parent company of Bushmaster. Sporting Supplies distributes Russian-made ammunition under the Wolf brand. The ammunition is made at Russia's historic Tula arsenal, which began making arms under Peter the Great, in the early 1700s.

Sporting Supplies sought summary judgment in 2014, but U.S. District Judge James C. Mahan refused to dismiss the product liability claim , finding that the rifle's exploding in Smith's face was sufficient evidence.

"A firearm that explodes or ammunition that causes a firearm to explode in the face of its user does not operate in the manner reasonably expected," and Smith did not need an expert to prove it, Mahan wrote, though he granted dismissal of the claim that the rifle was negligently manufactured.

Efforts to get comments from attorneys were unsuccessful.

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