First Wrongful Death Lawsuit Hits Marijuana Industry

Since its recent legalization in certain states, marijuana has found itself in the middle of several product liability lawsuits. A new lawsuit filed in Colorado has just upped the ante. According to a report from the L.A. Times, a new suit has been filed accusing marijuana of being the culprit for a homicide. In the first wrongful-death suit against a recreational marijuana company, the children of Kristine Kirk, murdered by her husband, Richard Kirk, back on April 14, 2014, have filed suit against Gaia’s Garden, LLC, claiming that the company’s Kandy Orange Ginger chew candy triggered the shooting. The plaintiffs allege that Gaia’s failed to warn customer that marijuana edibles could lead to paranoia, psychosis and hallucinations.

According to Kristine Kirk’s 911 call, the shooting happened after Richard burst into their home ranting about the end of the world. Thereafter, he laid on the floor and asked for someone to kill him. Richard then retrieved a pistol and shot Kristine. Richard has been charged with first-degree murder. He initially pleaded not guilty, but has since changed his plea to not guilty by reason of insanity.

We here at Abnormal Use will be interested to follow this suit as the facts develop. Reading the reports of the incident make it sound more like those involving bath salts than recreational marijuana. It is so outside-the-box that we almost wonder whether marijuana was the culprit at all. Interestingly, toxicology reports showed that the amount of THC in Richard’s blood was less than half the legal limit. Prosecutors actually contend that the murder is the result of increasing marital stress.

In any event, we see this as a case akin to suing Anheuser-Busch for a driving under the influence accident. Gaia’s apparently complied with all state labeling requirements regarding the potential adverse health effects. With legal marijuana being so new to the marketplace, we suppose this lawsuit is an attempt to test the waters with marijuana litigation. We assume that the same legal principles applied to similarly situated products will continue to apply.

Comments

  1. Matt Osbun says:

    If only there were FDA monitored studies into the effects of THC. Assuming, of course, that either side is interested in facts as opposed to the potential payout.

  2. You state: “toxicology reports showed that the amount of THC in Richard’s blood was less than half the legal limit.”

    There is no “legal limit” for THC in the blood. This sentence is just meaningless. In Colorado there is a rebuttable limit for DRIVING, but not a generic limit.