Michelle Keahey, East Texas Bureau Dec. 3, 2012, 3:53pm

SHERMAN -  A man Denton man is suing a pistol manufacturer claiming he was injured at a gun shop when another customer's defective gun discharged while it was being cleaned.

Mark Fulfer filed suit against Beretta USA Corp. on Sept. 10 in Denton County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Nov. 28.

The incident occurred on Sept. 10 as Fulfer was at Larry’s Gun Shop in Denton County. While at the shop, another customer brought in a Beretta Neos .22 caliber semi-automatic pistol for repair.

When the owner was attempting to disassemble the pistol, allegedly with the safety activated, the firearm discharged and a bullet ricocheted off a brass block and struck Fulfer in the left forearm. Fulfer’s injuries required a two day hospitalization with surgery, according to the lawsuit.

The defendant is accused of failing to adequately warn of the potential dangers associated with the pistol, of placing into the stream of commerce the defective and unreasonably dangerous pistol, failing to test and inspect the pistol in order to determine if it was in good and safe working order, and for failing to properly design and manufacture the pistol.

The defendant is accused of strict products liability, breach of warranty and negligence.

The plaintiff is seeking an award of damages for physical pain and suffering, lost wages, lost wage earning capacity, physical impairment, medical expenses, disfigurement, mental anguish and interest.

Fulfer is represented by Scotty MacLean of the MacLean Law Firm in Fort Worth. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:12-cv-00738

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