Capps et al. v. Safariland LLC et al.

Los Angeles County

Superior Court Judge Frederick C. Shaller

Defense Lawyers: Steven D. Smelser, Bobbie N. Eftekar, Mitchell R. Charchalis, Yukevich Cavanaugh

Plaintiffs' Lawyer: Robert W. Walters, Burbank

After plaintiff Sandra Capps, a Los Angeles County sheriff's deputy, accidentally shot herself in the calf, she claimed the strap of her backpack fell into her duty holster -- manufactured by defendant Safariland LLC, which makes police and military equipment -- and triggered her service weapon.

Her case was combined with that of another deputy, Michael Lorenzi, whose gun discharged in a separate incident that caused no physical injury. They sought a combined $7.5 million in damages for design defect, emotional distress and, in Capps' case, loss of consortium.

In March 2018, following an eight-day trial and 90 minutes of deliberation, the jury returned a unanimous defense verdict. Capps et al. v. Safariland LLC et al., BC629050 (Los Angeles County Sup. Ct., filed Aug. 1, 2016).

"We argued that sheriff's deputies undergo massive amounts of training and that the plaintiffs ignored their training and were therefore responsible for their injuries," said Safariland's defense lawyer, Steven D. Smelser of Yukevich Cavanaugh.

Added colleague Bobbie N. Eftekar, regarding the court's ruling that the consumer expectations test applied in the case, "When jurors try to think about what ordinary consumers expect of a product, we contended that these are not ordinary consumers, but highly trained professionals."

Plaintiffs' lawyer Robert W. Walters did not return a message seeking comment. Among his arguments at trial was that the Safariland 6280 holster, designed to carry a Smith & Wesson police handgun with a laser sight and a flashlight, left too much space near the trigger so that accidental discharge was possible. There has been no appeal.

Smelser called that contention "ludicrous."

"It's simple geometry, you have to have room in there for the light on the gun," he said. "Both plaintiffs testified that they had never really noticed the extra space. It made for a moment where the jury understood that the plaintiffs were overreaching."

The sheriff's department furnished an expert on training who testified that deputies are warned frequently, from their first day, to be careful not to carry anything on their gun-side and to not allow any foreign objects near their trigger guards. Smelser said he argued that the plaintiffs ignored their training and could not have expected any other outcome.

Also impressive, Smelser said, was the Safariland company representative who testified for the defense.

"He's a professional shooter who has been with the company for 35 years," Smelser added. "He stood in front of the jury box with a replica non-firing gun. He drew it, re-holstered it and showed all its safety features. It was fascinating for jurors to see him do it, and they really could see that the holster was doing its job."

-- John Roemer