UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

BRIAN BONNER, )

)

Plaintiff, ) CASE NO.:

) 3:06-CV-00715-MHT

v. )

)

NORINCO a/k/a CHINA NORTH )

INDUSTRIES )

CORPORATION, et al., )

)

Defendants. )

QIQIHAR HAWK’S JOINDER IN NORINCO’S

MOTION FOR SUMMARY JUDGMENT

COMES NOW defendant, Qiqihar Hawk Industries Co., Ltd., 

pursuant to Rule 56(b) of the Federal Rules of Civil Procedure

and joins in the motion of Norinco for summary judgment on all 

claims asserted against it by plaintiff in this products 

liability suit on the grounds that there is no genuine issue of 

material fact on the affirmative defenses of contributory 

negligence, assumption of the risk and product misuse and that,

therefore, Qiqihar Hawk is entitled to judgment as a matter of 

law. Qiqihar is further entitled to summary judgment on the 

grounds that there is no evidence to support an essential 

element of plaintiff’s claim; namely, there is no evidence of a 

causal connection between the alleged defect in the product at 

issue and plaintiff’s injury. In support thereof, Qiqihar Hawk 

would show the Court as follows:

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1. Plaintiff asserts four causes of action against 

Qiqihar Hawk for an injury sustained to his right hand while 

using a shotgun alleged to be manufactured or distributed by 

Qiqihar Hawk: products liability pursuant to the Alabama 

Extended Manufacturer’s Liability Doctrine (Compl. ¶¶ 8-10); 

negligent or wanton design or manufacture of the shotgun (Id. ¶¶ 

12-13); negligent or wanton failure to warn (Id. ¶¶ 15-16); and 

breach of expressed or implied warranties (Id. ¶¶ 18-20.

2. Plaintiff, who is right handed, placed his right hand 

on the end of the muzzle of a shotgun and, using his left hand, 

pulled the trigger, causing the shotgun to discharge through his 

hand. For the reasons set forth in Norinco’s Motion for Summary 

Judgment, supporting Brief and Narrative Summary of Undisputed 

Material Facts, and Evidentiary Submission, all of which are 

expressly adopted and incorporated by this reference, plaintiff 

was plainly contributorily negligent as a matter of law. In the 

alternative, the undisputed, affirmative evidence demonstrates 

that he assumed the risk of his injury or misused the shotgun.

3. Therefore, in accordance with the authority of 

Burleson v. RSR Group Florida, Inc., No. 1050360, 2007 Ala. 

LEXIS 195 (Ala. Sept. 21, 2007), Qiqihar Hawk is entitled to 

summary judgment. (Attached hereto as Exhibit A is a copy of 

the Burleson case for the convenience of the Court.)

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4. Moreover, plaintiff offers no evidence that the 

alleged defect to the shotgun caused his injury. Plaintiff 

claims that, at the time of his injury, the shotgun “fell apart 

and unexpectedly fired into and through” his right hand. 

(Compl. ¶ 7.) As noted by Norinco in its brief in support of 

summary judgment, there is no evidence whatsoever to support 

this contention. Accordingly, plaintiff’s claim that a defect 

caused his injury is speculative and conjectural. 

WHEREFORE, the foregoing premises considered, Qiqihar Hawk 

moves this Court to enter summary judgment in its favor on all 

claims asserted by plaintiff against it in the Complaint and 

succeeding amended Complaints.

Respectfully submitted,

/s/Todd M. Higey

Todd M. Higey

Ala. Bar No. HIG019

Attorney for Qiqihar Hawk 

Industries Co. Ltd.

RICHARDSONCLEMENT PC

200 Cahaba Park Circle, Suite 125

Birmingham, Alabama 35242

Telephone: (205) 572-4100

Fax: (205) 572-4199

E-mail: tmh@richardsonclement.com

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CERTIFICATE OF SERVICE

I hereby certify that on February 18, 2008, I 

electronically filed the foregoing with the Clerk of the Court 

using the CM/ECF system which will send notification of such 

filing to the persons listed below:

David J. Hodge, Esq.

PITTMAN, DUTTON, KIRBY & HELLUMS, P.C.

2001 Park Place North

1100 Park Place Tower

Birmingham, Alabama 35203

James C. Barton, Jr., Esq.

Alan D. Mathis, Esq.

JOHNSTON BARTON PROCTOR & ROSE LLP

Colonial Brookwood Center

569 Brookwood Village, Suite 901

Birmingham, Alabama 35209

Nick Wooten, Esq.

WOOTEN LAW FIRM, P.C.

P.O. Drawer 290

Lafayette, Alabama 36862

/s/Todd M. Higey

Of Counsel

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