An allegedly defective gun is the subject of a Rains County man’s federal lawsuit.

Emory resident Ernest Ray Arnold filed the suit against Remington Arms Company, LLC on Feb. 23 in the Tyler Division of the Eastern District of Texas.

According to Arnold, he was on a hunting trip with friends on Nov. 24, 2015 when he grabbed a Remington 700 rifle while entering a friend’s vehicle and the weapon “suddenly and unexpectedly went off.”

The rifle “had the bolt up, and which was pointed down,” court papers say.

Arnold claims the incident cost him his lower right leg below the knee.

Remington additionally faces the following claims:

• The rifle is capable of firing without pulling the trigger;

• If the bolt is up, and the bolt gets tapped, when the bolt goes down it will fire the rifle;

• The rifle failed to provide adequate safety;

• The rifle was not properly tested; and/or

• The rifle was not subjected to a proper engineering analysis.

Consequently, Arnold seeks unspecified monetary damages.

He is represented by attorneys E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of the law firm The Tracy Firm in Dallas.

Tyler Division of the Eastern District of Texas Case No. 6:16-cv-00074-MHS-KNM

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