KITSAP COUNTY, Wash. — A jury awarded a $30.17 million verdict to a former Clallam County deputy who had his right leg amputated as a result of a firearms training accident, according to Davis Law Group, who represented him.
The Sept. 17 verdict was the result of a lawsuit filed by former Clallam County Deputy Matthew Murphy, which claimed that the county’s equipment and training requirements bore responsibility in the incident.
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The training incident unfolded on March 27, 2020, when Murphy reported to the Port Angeles Firearms Training Facility to complete his annual firearms qualification, according to the law firm. For the completion of the rifle portion of the course, the sheriff’s office issued Murphy an AR-15 with a three-point sling.
Clallam County provided hearing protection in the form over-the-head earmuffs described by the firm as “bulky.”
One of the drills required deputies to perform a support-side shoulder transition. To perform the maneuver with a three-point sling, the deputies had to lift the sling up and over their heads.
As Murphy followed directions to complete the drill, the sling became caught on his ear muffs, causing him to lose control of the rifle. The weapon discharged, striking him in the top of the foot.
According to the claims presented in the suit, the county required an “unsafe combination of equipment” by not providing an alternative ear protection method (such as foam plugs) while also requiring that deputies use a three-point sling.
The suit also claimed that Clallam Countywas ignoring industry best practices, as no other sheriff’s office in the state was using a three-point sling or teaching the overhead unslinging maneuver. It claimed that by ignoring these best practices, the county was violating its own safety policies, which required it to regularly evaluate equipment and training.
Additionally, the suit alleged that the county’s personnel failed to intervene as the danger unfolded. A rangemaster and an instructor were positioned beside Murphy, yet did not stop the exercise or warn Murphy as he visibly struggled with the entangled weapon, according to the law group.
The wound necessitated 10 different surgical procedures to try to save Murphy’s leg, before doctors eventually determined that amputation was necessary, according to the firm. The injury ended Murphy’s law enforcement career and caused life-long medical treatment.
A jury found Clallam County to be 95% at fault for the incident and awarded $5,176,905 for past and future economic damages and $20 million for past and future non-economic damages. Murphy’s wife also brought a claim against the county for loss of consortium, and was awarded $5 million.
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