Filed 03/29/10 USDC Colorado
Judge Philip A. Brimmer
Civil Case No. 07-cv-01844-PAB-KLM
ORDER DENYING DEFENDANT TASER’S MOTION FOR SUMMARY JUDGMENT
This case arises out of the [August 4, 2006] death of Ryan Wilson after a police pursuit. The pursuit ended when a police officer shot Mr. Wilson with a TASER and, shortly thereafter, Mr. Wilson died. ... At the same time Officer Harris shot Mr. Wilson with the TASER, Mr. Wilson immediately fell to the ground, face down, and was unresponsive to Officer Harris’ commands. Upon reaching Mr. Wilson, the pursuing officers turned him over and detected breathing and a pulse. Between ten seconds and a minute later, however, Mr. Wilson stopped breathing, and the officers could no longer detect a pulse. The officers’ attempts to resuscitate him failed. An autopsy showed that Mr. Wilson suffered from hypoplastic coronary artery disease and myocardial bridging near his heart.
It's worth noting that Taser International (Kroll-4-brains) claims a statistically-massive 15-to-1 safety margin. If you understand bell curves, it's essentially zero overlap (that is, if the claim were true... ...which it's not).
So if Taser International tries to hang their defense on these pre-existing medical conditions, then they need to show that one effect of these conditions is a dramatic 15-to-1 increase in sensitivity to electrocution. Otherwise, it's a red herring and a distraction.
Taser International has to face a jury.
My guess, they'll be seeking a dismissed with prejudice (settlement) conference. If so, let's hope that the amount shows up in the annual report as an explicit line item swallowing several years' profit.
2010 is going to be an even interestinger year.