Tim A. Zahrte v. Sturm Ruger & Company, Inc.

On June 30, 1977, appellant suffered a gunshot wound to his right thumb when his old style single-action revolver accidentally discharged. He brought a products liability diversity action in federal court against the manufacturer/appellee Sturm, Ruger & Co., Inc. Appellant attempted to recover on the theory of strict liability. The case was tried to a jury, which returned a special verdict in favor of appellee. The special verdict form reflected the jury’s determination that, under the law as given to it by the trial judge, appellant had assumed the risk of his injury.

FACTS

Appellant purchased the revolver from a stranger in a saloon for $70.00. It was a used revolver, and it was not in its original box. The precise date of manufacture is unknown because appellant ground off the serial number shortly after the purchase. The seller included no instructions as to the weapon’s use. Appellee’s name and address were present on the barrel, but appellant did not attempt to obtain any information from it concerning the gun. At the time of the purchase, appellant understood that the revolver was a “Gun of the West”, that is, a single-action firearm modeled after revolvers used in the…