Two weeks after filing suit, a hunter who was shot while sitting on the toilet at a hunting club had his case against Remington Arms transferred to federal court.
As previously reported, Chad and Dusky Hall filed suit against Remington on Oct. 29 in Jefferson County District Court.
Court records show a notice of removal was filed in the case on Nov. 9, stating that the litigation had been transferred to the U.S. District Court for the Eastern District of Texas, Beaumont Division.
The lawsuit alleges that on Oct. 23, 2010, Chad Hall and Michael Biesiada were hunting at the Cedar Creek Hunting Club in Trinity County. Around 5:30 a.m., Biesiada, while in his cabin, began to check his Remington 700 to determine if the rifle was loaded.
“When Biesiada touched the handle of the bolt, the rifle discharged and the bullet traveled through the wall,” the suit states. “Chad was sitting on the commode when the bullet … exploded through the wall.
“Chad heard the explosion and glimpsed debris flying and immediately attempted to avoid injury by pushing himself off the commode … however, when Chad put his right hand on his right thigh, (the hand) entered a hole in his right quadriceps that extended from nearly his knee to his torso.”
The suit says Chad was rushed to hospital and underwent multiple surgeries.
He currently suffers from nightmares and flashbacks about the shooting, resulting in depression and lose of hope for the future, the suit states.
The suit further alleges Remington is strictly liable to the Halls for designing, manufacturing and placing into the stream of commerce a defective rifle.
On top of exemplary damages, Hall is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Houston attorney Joseph Watts of Adair & Myers represents the plaintiffs.
Remington is represented by MehaffyWebber attorney Sandra Clark of Beaumont.
Judge Donald Floyd, 172nd District Court, was assigned to the case.
Jefferson County Case No. E193-495