Victims of Tops Shooting Can Sue MEAN LLC, Court Rules

In a recent legal development in Buffalo, families of victims from the tragic Tops mass shooting experienced a mixture of progress and setbacks. On Friday, the state's Supreme Court of the Appellate Division, Fourth Judicial Department, upheld claims against MEAN Arms LLC, the manufacturer of a gun accessory linked to the shooter’s ability to wield an illegal assault weapon during the May 2022 incident on Jefferson Avenue.

The court stated that the allegations put forth by the plaintiffs were adequate to avoid dismissal under CPLR 3211. They highlighted that the plaintiffs claimed MEAN had violated New York law by producing a removable lock, which posed a risk to public safety. The court acknowledged that the plaintiffs or their relatives had suffered injuries from the firearm that had the lock removed.

Regarding the issue of causation, the court dismissed MEAN's argument for dismissal at this stage, emphasizing that it is premature to conclude the causation matter definitively.

Conversely, the court dismissed civil claims against major social media platforms, including Google, Meta, and YouTube. Some families believe these platforms played a role in the radicalization of the gunman, who they argue was influenced by white supremacist ideologies he encountered online.

Attorney John Elmore, who advocates for several families affected by the tragedy, expressed that they are currently analyzing the court's decision and exploring their legal options. He noted that there are two strong dissenting opinions that align with the lower court's stance and their legal arguments, which provides a solid victory against MEAN Arms.