I examined and tested the subject firearm and its component parts and reviewed documents, following the protocols and procedures generally accepted and commonly used by experts in failure analysis and the engineering analysis of accident causation. Particular attention was directed to the threaded connections that joined the breech plug to the barrel and the end cap to the rear of the receiver. The receiver end cap, striker spring, striker handle retainer, striker handle, breech plug, and nipple of the subject firearm have never been presented for examination. These parts are presumably the parts that plaintiff alleges were expelled from his firearm. No recovered pieces of the subject muzzle loader exhibited damage or caused the incident in question. Based on plaintiff’s description o the incident, the breech plug was expelled from the rifle upon the last firing. The breech plug closes the rear of the barrel and is subjected to the pressures involved in the firing. Firing the subject rifle over the period of two years preceding the incident did not cause expulsion of the breech plug, bolt and receiver end cap. Had there been a defect in the threaded connection between the barrel and the factory-supplied breech plug, such defect would have evidenced itself during the period of use prior to the incident. Firing a rifle using a proper loading of propellant powder and a proper projectile will not cause expulsion of a properly threaded and properly installed breech plug. The breech plug was not properly installed in the rear of the barrel prior to the last firing. There were no defects in the barrel and receiver of the rifle that either caused or contributed to the accident. There was no defect in the threaded connection between the subject rifle barrel and the factory-supplied breech plug at the time the subject rifle left the hands of the manufacturer. There were no defects in design, materials or manufacture of the subject rifle. Failure was caused by gross misuse of the rifle that could not have been foreseen or guarded against by the manufacturer.
The expert is a registered professional engineer who specializes in and teaches metallurgical engineering. He has more than 45 years of experience in consulting for companies that manufacture and distribute firearms and ammunition.
