Remington Arms has been the subject of scores of lawsuits because of alleged defects with the Walker Fire Control trigger mechanism, but a new case targets the company’s replacement trigger, the X-Mark Pro.
A Michigan hunter alleges that a defect in his Remington 700 XMP caused the rifle to unintentionally discharge a round and subsequently injure his leg.
Bret Bachert filed the lawsuit in a Houston federal court on Nov. 2 for more than $75,000 in damages. According to the complaint, he suffered “permanent and severe” injuries when his rifle went off on its own.
Bachert’s injury happened after he bagged an antelope during a hunting trip in Texas in November 2013, the lawsuit says. The rifle went off as he positioned the animal carcass and the rifle for a photo, but the gun discharged as he laid it across the body. He did not pull the trigger.
The gunshot disfigured his left leg and he continues to suffer from severe pain and emotional distress, the lawsuit says.
Bachert originally filed suit in April in an Illinois state court, but the case was transferred to a federal court where it was ultimately removed because it was filed in the wrong jurisdiction.
“The lawyers really filed it there for their own convenience, which they moved it,” said Robert Chaffin, the Houston attorney representing Bachert.
But that wasn’t the only thing wrong with the case: the complaint incorrectly blamed the Walker trigger design, Chaffin said. “By the time they filed the original case, I don’t think (the…