Victims, families of Old National Bank shooting to sue Radical Firearms

LOUISVILLE, Ky. (WAVE) - Surviving victims and families of the Old National Bank shooting are planning to file a lawsuit in Louisville against Texas gun manufacturer Radical Firearms, the manufacturer of the AR-15 rifle used that day.

The April 10 shooting left five dead and eight injured. The gunman died on the scene as well.

Tad Thomas, an injury attorney with offices in part in Louisville and Chicago, will work with Romanucci & Blandin, a Chicago-based law firm that represented the family of George Floyd in a suit against Minneapolis and won.

“These are very difficult lawsuits, but sometimes you have to take a case because a case needs to be taken,” Thomas said.

As of now, the suit would represent five of the injured, including Dallas Schwartz and Dana Mitchell, and the estate of Jim Tutt Jr. The estate of Tommy Elliott will also be represented but by local attorney Hans Poppe.

Gun manufacturers have immunity under federal law for certain cases. But the law also has exceptions, which include violations of state law.

“There are some novel cases that are out there that are proceeded in other mass shootings involving for instance breach of state consumer protection statutes,” Thomas said.

They’re proceeding under Kentucky violations, which they hope will get around the immunity provisions.

Thomas says these kinds of cases are extremely difficult to win, but it is possible to be successful.

“The Sandy Hook shooting is one big one. It was the very first successful type of this litigation,” Thomas said.

Once the lawsuit is filed and if they get into discovery, they’ll talk about what Radical Firearms did for the marketing and sales for the gun used in the shooting.

The attorneys are hoping for a jury trial, but that has yet to happen in these types of cases.

“They’ve either been dismissed on legal issues or they’ve settled in court,” Thomas said.

Thomas said there is no timetable for the firms to file. They’re waiting for police to release their files on the shooting.

“We’re taking these cases because we feel like the civil justice system as they did in the Pinto case, and tobacco, and many others, the civil justice system can affect change that’s what we’re hoping for in this case,” Thomas said.

For more information about past coverage of the Old National Bank and other mass shootings, click or tap here.

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