A trial will begin Tuesday on a lawsuit filed by a Hillsborough man against New Hampshire arms manufacturer SIG Sauer, who claims he was struck in the leg by a bullet when his SIG P320 pistol fired without him pulling the trigger.
The federal jury trial in Concord is expected to last about five days, according to court documents.
Kyle Guay filed the products liability suit on July 2, 2020, in U.S. District Court. He claims the pistol fired without a trigger pull as he was removing the gun from its holster, according to court documents.
SIG Sauer, headquartered in Newington, is known for producing weapons for the military and law enforcement.
Last week, Judge Landya McCafferty denied the company’s request to throw the case out. She also denied a request to exclude Guay’s expert witnesses, Peter Villani and Timothy Hicks, who are set to speak of the mechanics of the P320 pistol and its alleged defects.
SIG Sauer claims Guay cannot prove causation, “because Guay’s experts merely state that the gun was capable of firing without a trigger pull, not that it actually did so in this case,” the document reads.
McCafferty said, “There is sufficient evidence in the record for a reasonable jury to conclude, by a preponderance of the evidence, that Guay did not pull the P320’s trigger and that the gun discharged because of the design or manufacturing defects identified by Villani and Hicks.”
Guay seeks double or triple damages for injuries suffered and his loss of employment.
In his lawsuit, Guay — who says he has “substantial firearms experience” — claims he was taking off his SIG Sauer holster with his SIG P320 secured in it on Jan. 28, 2020, “when the pistol fired and hit him in the right thigh without him ever touching the trigger.”
“The hollow point bullet it discharged left a gaping wound in his thigh, caused nerve damage, and left pieces of the blown apart holster across the floor,” the lawsuit claims. The lawsuit claims Guay suffered “severe, permanent physical injury and disfigurement.”
Guay’s suit lists a series of alleged incidents where SIG P320 pistols fired without a trigger pull, including many by law enforcement officers. However, McCafferty ordered that information not be used in trial.
Hillsborough police reports, which noted “historical problems” with the pistol and confirmed the gun went off inside the holster, must be redacted, according to court documents.
The plaintiff had included five videos showing P320 pistols misfiring, but those will not be allowed at trial either. “Without evidence to authenticate these videos, they are not admissible,” McCafferty wrote.
The judge will reconsider if witnesses can authenticate the videos, according to court documents.
In 2019, Arizona resident Derick Ortiz sued SIG Sauer, claiming that the P320, which is used by the military and police departments, misfires when dropped a certain way. The lawsuit faults SIG Sauer for selling the P320 in the civilian market during most of 2017, even after the manufacturer repaired guns sold to the military.
SIG Sauer has offered a “voluntary upgrade” for P320 customers while maintaining the gun is perfectly safe.
Guay is being represented by attorneys Jeff Bagnell and Benjamin King. SIG Sauer is working with four attorneys.
SIG Sauer has sued Bagnell and his Connecticut law firm relating to computer-generated animation about the P320 pistol that Bagnell uploaded to the law firm’s website and to YouTube. The company sought a preliminary injunction requiring Bagnell to remove the animation.
That suit has been transferred to U.S. District Court in Connecticut.
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