Lewis Co. man sues Springfield Armory, individuals for gun shot

By Kyla Asbury | Mar 26, 2012

MORGANTOWN -- A Lewis County man is suing Springfield Armory for a gun shot he sustained while at a friend's residence.

MORGANTOWN -- A Lewis County man is suing Springfield Armory for a gun shot he sustained while at a friend's residence.

Devon McCartney and James E. McCartney were also named as defendants in the suit.

On March 5, 2010, Joshua Shane Davisson was visiting the home of William H. McCartney with his friend Vernon Groves when Devon McCartney came to visit the residence, according to a complaint filed in Monongalia Circuit Court.

Davisson claims Devon McCartney and/or James McCartney are the owner(s) of a .40 caliber Springfield Armory XD-40 Subcompact pistol.

Devon McCartney negligently and carelessly transported the loaded gun from James McCartney's home to the home of William McCartney and negligently and carelessly handled the gun causing it to discharge into Davisson, according to the suit.

Davisson claims as a result of the defendants' negligence, he was shot in the sternum with the bullet ultimately becoming lodged in his left thigh.

James McCartney negligently permitted Devon McCartney to access the gun without verifying that the had the requisite knowledge to handle and/or disassemble the gun in a safe manner, according to the suit.

Davisson is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Timothy J. Manchin and Taylor B. Downs.

Monongalia Circuit Court case number: 12-C-148

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