Horry County man files lawsuit after his handgun misfires at fast food restaurant
An Horry County man’s handgun unexpectedly discharged as he was leaving the restroom at Chick-fil-A, causing a bullet to lodge into his knee cap, a lawsuit states.
Thomas Frankenberry, a former New York Police Department officer, has filed a lawsuit in Horry County against the gun manufacturer, Sig Sauer, after the gun he legally carries in his waistband went off without being touched, shot through his hip, upper thigh and lodged into his knee cap, according to the lawsuit.
Frankenberry suffered “massive damage to his right leg, along with severe trauma, acute pain, an infected gunshot wound,” and the bullet and shrapnel remain lodged into his leg, the lawsuit states. He had to undergo emergency surgeries and physical therapy sessions over the course of multiple years, the document states.
The alleged incident happened in October 2016 inside Chick-fil-A at 2360 Dick Pond Road in the Surfside area.
The lawsuit states Sig Sauer says in marketing claims that the company has designed safety elements into every necessary feature of the P320 pistol and the trigger, striker and magazine on the handgun and it will not fire “unless you want it to.” The lawsuit goes on to state that the gun was defective and unreasonably dangerous for its intended uses. In 2017, Sig Sauer announced a “voluntary upgrade” of the pistol, prompting police departments to issue emergency orders and recalls to remove the particular pistol from service, according to the lawsuit.
A spokesperson from Sig Sauer could not be reached for comment in time for this report.
