Federal Judge Finds Sig P320 Fired Without Trigger Pull

Attorney Jeff Bagnell tried case on behalf of Kyle Guay 

https://casetext.com/case/guay-v-sig-sauer-inc-2

WESTPORT, Conn., Jan. 24, 2024 /PRNewswire/ --  After a five-day trial in the case of Guay v. Sig Sauer, Inc., the chief federal judge for the District of New Hampshire found that Kyle Guay did not pull the trigger of his Sig Sauer P320 when it discharged a round into his thigh in January 2020.  After hearing expert testimony, cauterization testimony from responding officers, and Mr. Guay, the court found that his P320 discharged while fully inside its holster.  The gunshot wound caused severe damage to Guay's leg.  The court wrote:

"The court found Guay credible in every respect.  Specifically, the court credits Guay's testimony that the gun was still fully inside the holster when it discharged.  With the gun fully in the holster, Guay could not have accessed the trigger; it would have been impossible for him to have accidentally pulled it.  Moreover, as expert testimony revealed, the P320 had a 6.7 pound trigger, meaning that to fire, the user had to exert 6.7 pounds of pressure.  The court does not believe that Guay could have applied that amount of force to the trigger inadvertently while the gun was in the holster".  

The court also found Sig's claim that it is impossible for the P320 to fire without a trigger pull unpersuasive:

To the extent that Watkins and Toner testified that it is impossible for a P320 (or for Guay's P320) to have fired without a trigger pull, the court finds their opinions unpersuasive. As discussed, the court found credible Guay's testimony that he did not pull the trigger, and the video of the Roscommon incident was persuasive in showing that a P320 can fire without a trigger pull.  Furthermore, Watkins admitted that—despite having read the numerous allegations of misfires (without a trigger pull) in the complaint—he did not deem them worthy of mention in his expert report. And Toner testified that he found such misfire allegations unworthy of investigation. Had Watkins and Toner been less dismissive of these allegations, the court may have found their testimony more credible.

Jeff Bagnell, lead counsel for Guay, stated:  "the court's unequivocal findings, coming after the jury returned divided days after the close of evidence, were welcome.  As with many other victims of this product over the last eight years, Kyle is lucky to be alive and it was a great honor to represent him."

SOURCE Jeffrey S. Bagnell, Esq., LLC

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