Thatguy.....I have looked extensively for any substance to these rumors and have found nothing.
I read the court case where the guy you mentioned was drinking all day...tried to modify his rifle...broke and abused his gun....beat it with a hammer when he couldn't get it back together , threw it against a wall and then fired it when it was obviously broken and claimed injury. I don't normally treat my firearms that way so, I wasn't too worried. Here is part of the court transcript:
Background
Plaintiff's claims arise from the explosion of a Mossberg 100 ATR bolt action rifle manufactured by Mossberg. On or about July 3, 2006, Plaintiff's fiancée, Bonnie Erickson, purchased the subject rifle from Wal-Mart with money she allegedly received from Plaintiff as a gift.*fn1 On the day of the purchase, Plaintiff and Erickson both fired the rifle. Neither Plaintiff nor Erickson experienced any problems operating the rifle at that time.*fn2 The rifle was also fired by Plaintiff's son and Erickson's son, neither of whom experienced any problems firing the rifle.
I. The Incident
Around noon on July 12, 2006, the rifle exploded when Plaintiff attempted to fire it. Plaintiff was alone on his back porch at the time of the explosion. Erickson testified that she heard Plaintiff fire the gun twice, the second shot being the explosion. According to Erickson, the explosion shook their trailer. She went outside, where she observed Plaintiff sitting in a chair with a towel against his face. After observing his injuries, she yelled through the door for the kids to dial 911.
Corporal Eric Brown and Deputy Russell Hemmendinger, both with the Pasco County Sheriff's Office, responded to the scene. Corporal Brown secured the area and collected the evidence, including pieces of the rifle. Corporal Brown testified that Erickson told him the gun had a bad bolt or firing pin that Plaintiff was aware of at the time of the accident, and that Plaintiff had been trying to fix it. Deputy Hemmendinger testified that upon arriving at the scene, he spoke with Plaintiff's neighbor, Charles Willey. Willey reported to Deputy Hemmendinger that the subject rifle had been broken for days.
Willey has offered additional testimony about the events leading up to the incident. According to Willey, Plaintiff and Erickson had thrown the rifle against a wall on several occasions prior to the incident. Willey testified that on the first occasion, the scope was severely damaged or broken. He claims to have taken the couple to Wal-Mart to replace the scope. According to Willey, a second incident involving the gun being thrown resulted in a long rod inside the bolt action, including springs and half-moon washers, falling out of the rifle. Willey further stated that "the whole thing, the whole magazine itself, fell out on the ground." (Willey Dep. at 26).
Willey claims Plaintiff showed him the broken rifle and asked him if he knew how to put it back together. Willey advised Plaintiff that he needed to replace the bolt action, which could be purchased at Wal-Mart. According to Willey, Plaintiff disregarded his advice and put the pieces back together himself. Willey later observed the bolt falling out of the rifle when Plaintiff pointed it at the ceiling. On the morning of the accident, Willey claims to have observed Plaintiff placing the bolt back in the receiver and tapping it with a hammer.
On the day of the accident, Willey came over to Plaintiff's home at around 10:00 a.m. to borrow Erickson's car. He claims to have observed Plaintiff drinking that morning, and further stated that Plaintiff and Erickson were "drunk before eight o'clock every morning, most of the time." Id. at 40. Prior to taking the car, Willey told Plaintiff to wait until he returned so he could take him to Wal-Mart to purchase another bolt action.
The incident occurred while Willey was out. Willey claims Plaintiff ignored his advice because he was drunk. Willey also described Plaintiff as "accident-prone," and claims to have avoided Plaintiff and Erickson whenever they were shooting the rifle. Id. at 29-30. Following the accident, Willey testified that Plaintiff asked him not to tell anyone that the gun had been broken prior to the incident, and that in return Plaintiff would "hook [him] up as far as money-wise." Id. at 62.
Plaintiff denies Willey's allegations and claims the rifle was not altered in any way prior to the explosion.According to Plaintiff, the rifle was fired approximately 20-30 times during the nine days preceding the incident.Plaintiff claims that he and Erickson read the entire owner's manual that came with rifle, together with a booklet called "Firearms Safety Depends on You." During his deposition, Plaintiff testified that the gun was not broken prior to the incident. He claims he never went inside the bolt and was unaware of any parts within the bolt.
On the day of the incident, Plaintiff claims he cannot remember many of the events of the morning except for the explosion. During his deposition, he testified that he could not remember whether he had consumed any alcohol on the morning of the incident. He claimed he did not think he smoked marijuana or consumed any prescription drugs on the morning of the incident, but could not remember for sure. Plaintiff believes he fired two shots on the morning of the incident, and that he had no problem operating the rifle prior to the explosion.