Judge Declares Mistrial In Berkeley Gun Lawsuit
Posted: 11:17 am PST December 23, 2003
OAKLAND, Calif. -- An Oakland judge declared a mistrial Tuesday in a civil lawsuit in
which the parents of a 15-year-old Berkeley boy who was accidentally shot
dead by a neighbor boy alleged that the gun maker Beretta USA should be held
liable for his death. Alameda County Superior Court Judge Gordon Baranco declared the
mistrial after jurors said they were split 6-6 after four days of
deliberations. During a three-week trial, the attorneys for Griffin and Lynn Dix,
the parents of Kenzo Dix, said Beretta failed to incorporate adequate safety
features in the 9mm semiautomatic handgun that killed the boy on May 29,
1994. But attorneys for Beretta said the gun did in fact have adequate
safety measures and charged that the parents of Michael Soe, the neighbor boy
who accidentally shot and killed Kenzo Dix, were the ones most responsible
for the incident because they left the gun loaded and unlocked. This is the second time the Dixes have failed to win a case
against Beretta. In 1998, a jury decided by a 9-3 margin that Beretta wasn't
responsible for Kenzo Dix's death. But an appellate court granted the Dixes a new trial after finding
that there was juror misconduct.
Copyright 2003 by Bay City News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.












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