NJ Man “Cleans” A Loaded Gun While On Meds Then Sues His Doc

This event occurred on December 18, 2006 and, if not for miraculous survival of the participant, it would be worthy of a Darwin Award. However, that wasn’t enough for the lucky survivor.

According to a court filing, plaintiff took his prescribed dose of Ambien, began inspecting his .38 caliber Colt revolver, and fell asleep. Thereafter, plaintiff was awakened by what he thought was the sound of a telephone ringing. Forgetting that the handgun was still in his right hand, he reached for the telephone with his left hand. According to plaintiff, this action caused the barrel of the handgun to enter his mouth and discharge. According to the pleading, “[t]he gunshot fractured his skull and multiple facial bones, including the orbital floor, and ruptured the left globe, causing blindness in that eye.”

Logically, having survived such an improbable circumstance, the man filed a product liability suit against the maker of Ambien and a medical malpractice suite against the doctor. The medical malpractice lawsuit was dismissed on technical grounds by the lower court and that decision was affirmed by the Supreme Court of New Jersey in March of 2010.