Case 3:13-cv-01590-TJM-DEP Document 1 Filed 12/30/13 Page 1 of 4

UNITED STATED DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK

PREFERRED MUTUAL INSURANCE

COMPANY AS SUBROGEE OF
JOSEPH BRILLINGER, JEFFREY BRILLINGER
and EMILY LEVINE,
Plaintiffs,

COMPLAINT
JURY DEMAND
Civil Case No.: 3:13-CV-1590
(TJM/DEP)

-againstCZ-USA, d/b/a
DAN WESSON FIREARMS,
Defendants.

The Plaintiff, Preferred Mutual Insurance Company (hereafter, Preferred Mutual), by

and through their attorneys, Rehfuss, Liguori & Associates, P.C., as co-counsel to Lecomte,
Emanuelson and Doyle, as and for a Complaint, hereby states and alleges the following:
1.

The Plaintiff, Preferred Mutual Insurance Company, is a corporation duly organized and

existing under the laws of the State of New York, having a principal place of business at One
Preferred Way, New Berlin, New York, and at all times relevant hereto, was authorized to issue
policies of insurance in the State of New York.
2.

At all times material hereto, Preferred Mutuals insureds, Joseph Brillinger, Jeffrey

Brillinger and Emily Levine (the insureds), owned the real property located at 5169 State
Highway 12, Norwich, Chenango County, New York.
3.

The Defendant, CZ-USA, is a Nevada Corporation, with a principal place of business

located at 3327 North 7th Street, Kansas City, Kansas.

Case 3:13-cv-01590-TJM-DEP Document 1 Filed 12/30/13 Page 2 of 4

JURISDICTION AND VENUE

4.

Jurisdiction is proper pursuant to 28 U.S.C. 1332 in this Court as the Plaintiff and the

Defendants are citizens of different states and the amount in controversy, exclusive of costs and
interests, exceeds the sum of $75,000.00.
5.

Venue is properly laid in this judicial district because the events giving rise to Plaintiffs

claims occurred in this district, Plaintiffs insureds own property located in the district and the
relevant acts and omissions as alleged occurred in this district.
FACTS
6.

Prior to and on November 14, 2012, the insureds owned the property located at 5169

State Highway 12, Norwich, Chenango County, New York.

7.

At all times material hereto, Preferred Mutual provided property insurance to the insureds

for the premises located at 5169 State Highway 12, Norwich, Chenango County, New York.
8.

The insureds leased the property located at 5169 State Highway 12, Norwich, Chenango

County, New York, to the Defendant, CZ-USA, for the purposes of a firearm manufacturing
facility.
9.

On or about November 12, 2012, an employee of CZ-USA was firing a .44 caliber

handgun in the facilitys test firing range.

10.

Large caliber handguns, such as the .44 caliber handgun, upon firing, expel sparks of

unburned propellant and residue, which can ignite nearby combustibles.

11.

At the time CZ-USAs employee was test firing the .44 caliber handgun, he fired two (2)

cylinders through the weapon and, thereafter, noticed flames on the soundproofed foam wall
located to his right.

Case 3:13-cv-01590-TJM-DEP Document 1 Filed 12/30/13 Page 3 of 4

12.

The sparks or embers from the weapon caused the foam soundproofing to ignite and

create a fire in the insureds building.

13.

As a direct and proximate result of the acts and/or omissions of the Defendant, CZ-USA,

the fire caused by the discharge of the .44 caliber handgun resulted in substantial fire damage to
Plaintiffs insureds property.
14.

Pursuant to its respective policy of insurance, Preferred Mutual has been required to

make payments to its insureds in the amount of $451,978.38.

COUNT I NEGLIGENCE
PLAINTIFF V. CZ-USA
15.

Plaintiff repeats, realleges and reiterates each and every allegation contained in paragraphs

numbered 1 through 14 of the Complaint with the same force and effect as if fully set forth
herein.
16.

The Defendant, CZ-USA, owed the Plaintiffs insureds the duty to refrain from conduct

which could create a fire hazard on the property and a duty to comply with all local, state and
federal laws and regulations pertaining to the discharge of firearms in indoor firing ranges.
17.

Defendant, acting by and through its employees, agents, servants and/or contractors,

breached its duty of care by failing to properly safeguard the premises from fire caused by the
discharge of large caliber handguns; discharging large caliber handguns in a firing range not
designed for such weapons; and, failing to properly supervise and/or monitor its employees in
the discharge of such weapons.
18.

As a direct and proximate result of Defendant CZ-USAs negligent, careless and/or

reckless conduct, Preferred Mutuals insureds suffered substantial losses and damage to their

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property, as well as additional expenses and other incidental and consequential damages in the
amount of $451,978.38.
WHEREFORE, Plaintiff, Preferred Mutual Insurance Company, demands judgment
against the Defendant, CZ-USA, in a sum that exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction, together with pre and post judgment interest, costs,
disbursements and such other damages as the Court may deem just and proper.
JURY DEMAND
The Plaintiff demands a trial by jury on all claims so triable.

DATED:

December 30, 2013

By: S/ John W. Liguori
JOHN W. LIGUORI, ESQ.
NDNY Bar Roll No. 507379
Rehfuss, Liguori & Associates, P.C.
Attorneys for Plaintiff
Preferred Mutual Insurance Company as
Subgrogee of Joseph Brillinger, Jeffrey
Brillinger and Emily Levine
Office and Post Office Address
40 British American Boulevard
Latham, New York 12110
(518) 713-2144

TO:

CZ-USA
3327 North 7th Street
Kansas City, Kansas 66115

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