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Subway mass shooting victim suing gun manufacturer Glock

Brooklyn subway shooting victim sues gun manufacturer Glock
Brooklyn subway shooting victim sues gun manufacturer Glock 02:03

NEW YORK - A victim of the Brooklyn subway shooting is suing the gun manufacturer. 

Legally, it will put to test a new law in New York state aimed at holding the firearms industry accountable. 

CBS2's Aundrea Cline-Thomas takes a closer look at the case. 

As chaos erupted on the N train in Brooklyn the morning of April 12, Ilene Steur was among the victims shot. The bullet entered her buttocks, and traveled to her abdomen. 

"She sustained horrific physical injuries, as well as psychological injuries which she is under treatment for now," said attorney Sanford Rubenstein. "Her life will never be the same." 

Rubenstein and Mark Shirian are now suing gun manufacturer Glock, Inc., maker of the 9mm handgun police say suspect Frank James used in the attack. 

"We'll have to prove that the marketing efforts of Glock resulted in the creation of a public nuisance which puts guns in the hands of the wrong people," Rubenstein said. 

The lawsuit puts New York general business law 898 to the test for the first time. Enacted in 2021, and facing legal challenges of its own, it prohibits the gun industry from endangering "the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product." 

And what role does the suspect, his mental state, and advertising exposure have in the law?

"It's not one of the things on the checklist of ' this must be the case in order for you to be held responsible, manufacturer,'" said attorney Rachel Demarest Gold. 

She is not affiliated with the case, but says it could prompt a flurry of other lawsuits. 

"Whether or not this law is actually going to, in and of itself, you know, be the guillotine to gun violence, I doubt it," she said. 

Marketing tactics were the basis of the lawsuit Sandy Hook families filed against gun maker Remington Arms. In February, the gunmaker settled for a record $73 million

"I never thought I would be one of those victims," Steur wrote in a letter read by Rubenstein. 

Rubenstein hopes the case sets a precedent, making a lasting change to the gun industry. 

CBS2 has reached out to Glock, Inc. for comment and did not get a response.

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