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Maine detective sues NH gun maker, alleging holstered pistol fired and struck his leg

In this Wednesday, Feb. 5, 2020, photo, Kat Ellsworth of Chicago, fires her Sig Sauer P320 X-Five Legion hand gun, one of the seven guns she owns at the Caliber Tactical Gun Range in Waukegan, Ill.
Charles Rex Arbogast
/
AP
In this Wednesday, Feb. 5, 2020, photo, Kat Ellsworth of Chicago, fires her Sig Sauer P320 X-Five Legion hand gun, one of the seven guns she owns at the Caliber Tactical Gun Range in Waukegan, Ill.

A Maine detective and his wife are the latest to sue New Hampshire-based gun manufacturer Sig Sauer, alleging that the company's P320 pistol discharged and caused him injuries.

According to the complaint filed in Somerset County District Court, 40-year old David Cole of Norridgewock was serving a search warrant in May of last year with his gun in its holster when it fired, even though his hands were not on the weapon. The bullet shot through Cole's thigh and calf before lodging in his ankle.

One of his attorneys, Philadelphia-based Robert Zimmerman, says Sig Sauer has specifically marketed the gun as a weapon that won't fire unless its user wants it to.

"We allege the opposite. And that Sig Sauer is the only manufacturer to make this type of pistol design without any external safeties," Zimmerman says.

Zimmerman says Sig Sauer's P320 pistol has unintentionally discharged in more than 120 other incidents across the U.S. He also says it has heavily marketed the pistol to law enforcement agencies and his firm represents more than 50 individuals with active lawsuits against the company for unintentional discharges.

The lawsuit wants Sig Sauer to recall the weapon and make it safe, and to award full and fair damages to Cole. He's the son of Corporal Eugene Cole, who was killed in the line of duty in 2018, triggering a multi-day manhunt for the shooter. And according to the suit, he suffers severe and permanent physical damage and emotional distress.

A spokesperson for Sig Sauer did not immediately respond to a request for comment.