Gunmaker lawsuit after Auburn grad’s death faces major obstacle, attorney warns
Paul Calli says proving a defective manufacturing claim on an antique .22-caliber revolver will be a difficult hurdle
{{#rendered}} {{/rendered}}As Alabama prosecutors remain tight-lipped about the alleged accidental shooting that killed an Auburn University graduate in her boyfriend's family home — weeks after she landed her dream job — a veteran trial attorney says the family’s lawsuit against the gunmaker may already face a problem.
Jeffrey Towers, a 54-year-old father from Trussville, is accused of "inadvertently" shooting his son's 22-year-old girlfriend, Whitney Robeson, an Auburn University alumna who had just launched her interior design career weeks before her death.
Robeson died in March, about an hour after Towers allegedly discharged an antique .22-caliber revolver, striking her in the chest, according to the lawsuit.
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Brandon Towers and Whitney Robeson in an undated family photo. Towers' father, Jeffrey Towers, is accused of "inadvertently" discharging an antique firearm, which fatally wounded his son's girlfriend, Robeson, a 22-year-old recent graduate of Auburn University who had just started a career in interior design. (Brandon Towers/Instagram)
Jefferson County prosecutors filed manslaughter charges earlier this month, shortly before Robeson's family filed a wrongful death lawsuit against Towers and 15 unnamed entities, including the gunmaker.
"Regardless of what side you're on, when you file a lawsuit like this, you are going to have all major firearm manufacturer and lobbying groups making darn certain that the Second Amendment is not infringed upon," said Paul Calli, a trial attorney and expert on constitutional law. "There'll be friends of the court briefed and pleadings, petitions to appear, and so the one exception around that federal law that preempts liability at the state level against firearm manufacturers is defective manufacturing."
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Whitney Robeson, a 22-year-old Auburn University graduate from Richmond, Virginia, was shot and killed on March 7 at a home in Trussville, Alabama. (Instagram/@whitneyharlowdesign)
He told Fox News Digital that the Protection of Lawful Commerce in Arms Act of 2005 could prove to be a major obstacle in going after the firearm's manufacturer with the lawsuit.
The law protects firearms manufacturers from certain lawsuits but has an exception for defective products, which Calli said may be hard to prove since the case involves an antique revolver.
{{#rendered}} {{/rendered}}"How do you analyze the manufacturing safety of an antique firearm?" Calli asked. "That’s going to be a hurdle over which they’re going to have a difficult time getting over."
The lawsuit alleges that Towers not only handled the weapon negligently, but also that the gunmaker produced the revolver with inherent design flaws.
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{{#rendered}} {{/rendered}}Robeson's parents, Carin and Matthew Robeson, are relying on the Alabama Extended Manufacturer’s Liability Doctrine to additionally allege that the firearm was defectively designed, "unfit for its ordinary purpose," and lacked adequate safety features "as to prevent inadvertent discharge."
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"At its core, this matter involves the tragic and unnecessary death of a 22-year-old young woman whose life was cut short far too soon," their attorney, Andrew Moak, said in a statement. "Whitney was a daughter, loved one, and member of her community, and that should never be lost in the discussion surrounding this case."
{{#rendered}} {{/rendered}}He said the family is seeking justice and accountability. The lawsuit does not specify monetary damages being sought.
A split image shows Auburn alumni Brandon Towers and Whitney Robeson on the left and Jeffrey Towers, Brandon's father, on the right. The elder Towers is accused of "inadvertently" discharging a firearm, resulting in Robeson's death in his Alabama home. (Brandon Towers/Instagram, Courtesy of the Amari Law Firm)
Calli said that it's unusual for the civil suit to come so early in the criminal process, which proceeds separately, since the civil case would likely be stayed until after the state's case is resolved. Also, without the gunmaker being publicly named, it's not immediately clear that it's still in business.
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For now, he said he still has more questions than answers.
Whitney Robeson, 22, studied interior design at Auburn before getting a job at RH, formerly known as Restoration Hardware. (Instagram/@whitneyharlowdesign)
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{{#rendered}} {{/rendered}}"I'm not sure how they know that their gun was loaded or a bullet wasn't inserted while this alleged display was taking place in front of these three people," he said. "That's part of the questions that, I think when you read a civil complaint, you don't wanna have those questions in the reader's mind. You wanna answer them for the potential jurors."
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Towers has not yet entered a plea. He was released on $30,000 bond, the highest amount for a Class B felony like manslaughter. He is due back in court on July 22 and additional information about the criminal case is expected to be given over to the defense through discovery before then.
{{#rendered}} {{/rendered}}Jeffrey Towers, left, is accused of "inadvertently" discharging an antique revolver, killing his son's 22-year-old girlfriend Whitney Robeson in the process. (Courtesy of the Amari Law Firm)
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"Nothing that we do or say as a criminal defense team...diminishes the fact that a life was lost here — and a special life," Johnny Amari, one of Towers' criminal defense attorneys, told Fox News Digital previously. "This girl was special to my client, special to my client's family."
Amari's law firm is not representing him in the civil case.
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"Innocent until proven guilty is not just a sacred rule, it’s a legal standard," Amari said. "Our position is he’s not guilty of the offense that he’s charged with."
In an online obituary, Robeson's family revealed she had wanted to work in interior design since her childhood, inspired by shows on HGTV. After graduating summa cum laude from Auburn's interior design program, she got a job as a trade consultant for RH, formerly known as Restoration Hardware, doing just that.