HIGHLAND PARK, Illinois (CBS) — A family of one of the seven victims killed in the July 4, 2022, Highland Park shooting has filed a wrongful death lawsuit against the manufacturer of the weapons used in the shooting.
The family of Eduardo Uvalde, a father, grandfather and great-grandfather, is suing Smith & Wesson, the maker of the M&P 15 — the AR-15-style weapon — used in the shooting.
A group of survivors and families of children who were present that day are also part of the lawsuit.
The lawsuit, filed Friday in Illinois state court, alleges the maker continued to market and sell its M&P 15 and push it on teenagers despite it being used in four mass shootings — including in Aurora, CO, San Bernardino, CA, Parkland, FL, and Poway, CA — over the past decade.
Families say the company’s decision to continue selling the gun, particularly to teenagers, constituted a negligent trust and violated an Illinois consumer protection law because it promoted the deadly and criminal use of the gun.
Uvaldo was shot and killed during the parade just before his 70th birthday. Several members of his family were also present that day.
“Eduardo was a kind, loving, hard-working man who adored his family. He was taken too soon: by the actions of both a disturbed young man and the greedy company that made and marketed his gun,” Uvaldo’s family said in a joint statement: “While we work to honor his memory, part of that is fighting to prevent other families from knowing this indescribable pain. While the shooter may face justice, but he could not have acted with that weapon if Smith & Wesson had not made the choices and actions.”
Koskoff Koskoff & Bieder, which previously represented the nine Sandy Hook families in the settlement against Remington, and Rapoport Weisberg & Sims PC will represent the plaintiffs.
The lawsuit also names Budgsunshop.com, LLC and Red Dot Arms, Inc. for selling the gun to a person who is not allowed to own it.
“While the abhorrent conduct began with Smith and Wesson, it was carried to completion by a host of other bad actors who contributed to this tragedy,” said Matthew Sims of Rapoport Weisberg & Sims, PC.
