On June 22, 2009, the Court of Appeals for the Eleventh Appellate District in Portage County, Ohio issued a decision affirming an order granting summary judgment in favor of O.F. Mossberg & Sons, Inc. and Maverick Arms, Inc. and dismissing the complaint against them in its entirety.
On December 26, 2002, Plaintiff, Nathan Gay, then sixteen years old, was shot by his friend, Billy Clayton, Jr., with a Mossberg 500 pump-action shotgun and rendered a paraplegic. Billy Clayton, Jr. claimed that he did not know that the shotgun was loaded and that it accidentally discharged. Plaintiff argued that the shotgun was defectively designed because it did not have a loaded chamber indicator or "other safety devices" that would have alerted Billy Clayton, Jr. to the fact that it was loaded.



