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Updated Dec. 22, 2005, 7:04 p.m. ET

Taser found not liable for police officer's stun-gun injuries
Taser
The Taser M26 stun gun uses compressed nitrogen to fire a 50,000-volt probe up to 21 feet.

PHOENIX After deliberating for less than four hours, an Arizona jury found that stun-gun maker Taser International is not liable for the lost wages or punitive damages that former sheriff's deputy Sam Powers claimed were the result of a Taser-related injury.

An agreement between eight of the 10 jurors was necessary to reach a decision, and when they were polled by Judge Paul Katz, nine jurors indicated they voted in favor of Taser.

Powers looked down dejectedly after a court employee read the verdict, while Taser International CEO Rick Smith appeared pleased with the decision.

Powers, who worked as a county deputy for 16 years before an high-voltage burst from a Taser ended his career, sought more than $800,000 in lost wages, plus punitive damages, in a claim that alleges he was not properly warned of the risks associated with the stun gun.


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During a mandatory training exercise on July 16, 2002, Powers received a 50,000-volt "hit" from a Taser and suffered severe, permanent damage, according to the suit.

Powers' complaint alleged that Taser International requires the weapon's users to become certified, and part of the certification process includes experiencing a Taser shock firsthand.

But his case, the first product-liability suit against Taser to make it to trial, was complicated by what defense lawyers characterized as a severe case of osteoporosis which they said would have left him unable to perform as a deputy even if he had never been injured during the Taser demonstration.

After the verdict was read, Judge Katz told lawyers from both sides that if the jury had found Taser liable for Powers' injuries, he would have only allowed them to compensate him for lost wages, not punitive damages.

Powers, who appeared physically shaken by the decision at first refused to comment on the verdict, but then, with his wife and his lawyer John Dillingham next to him, spoke to reporters.

"I'm disappointed with the verdict, obviously," he said. "But maybe some good came out of this and other police officers will understand the risks of Tasers before they take a hit."

Dillingham refused to comment other than to say he was proud of Powers for standing up to the weapons manufacturer.

Taser CEO Smith chatted with jurors after the verdict and said he felt "vindicated" by the verdict after all the "negativity" directed at his company during the four-week trial.

"We've got a good company of good people that's trying to save lives," Smith said.

The verdict came on a day of other good news for the Scottsdale-based company. The Arizona Attorney General's Office closed an informal inquiry into safety claims made by Taser after the company voluntarily changed how it marketed the weapons, according to state officials.

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Watch the trial


Verdict

Witness: Injured cop had spotty record

Taser chief performs stun-gun blast

Instructor: Taser said gun wouldn't damage bones

CEO: Taser has same risk as sports injury

Cop: I was unaware of Taser risks

Read the complaint

Defendant's answer

Case background




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