The plaintiffs sought to certify a class action against Smith & Wesson for design negligence following the Danforth Shooting, where a stolen M&P®40 handgun without "authorized user" (smart gun) technology was used to kill and injure multiple people.
The plaintiffs argued that Smith & Wesson was negligent in failing to incorporate authorized user technology into the handgun's design.
The court dismissed the certification motion, finding that the plaintiffs failed to satisfy the common issues and preferable procedure criteria.
Specifically, the plaintiffs did not provide expert evidence from a firearm design expert to establish some basis in fact that the absence of authorized user technology constituted a design defect, or that an alternative design was feasible without impairing the handgun's utility for its intended military and police users.
