PORTLAND, Maine — A lawsuit is being filed against New Hampshire-based gun manufacturer Sig Sauer over allegations that one of their guns unintentionally discharged, causing injury to a Somerset County sheriff's deputy.
The lawsuit alleges that David Cole, 40, was shot in the leg in 2022 by his issued P320 pistol while he was walking and the weapon was in its holster. The bullet reportedly shattered multiple bones in his leg, requiring multiple surgeries, months of medical care, and therapy.
The lawsuit also states that Cole and others who were working near him reportedly believed they were under fire at the time of the incident, before realizing that Cole's gun unintentionally fired.
The lawsuit is being filed in Maine Federal District Court with representation from Robert Zimmerman of Saltz Mongeluzzi Bendesky based in Philadelphia and Michal Bigos of Berman and Simmons based in Maine. Bigos alleged this is a troubling pattern for this particular model.
"We would like Sig Sauer to take full responsibility for all of the damage they caused Mr. Cole, and hope that they take responsibility for all the damage we believe they’ve caused for all of the similar, over 100 incidents," Bigos told reporters at a press conference Monday at his firm's office.
Zimmerman joined the conference via Zoom and boasted his own list of 50 active suits against Sig Sauer related to the P320, and that he represents more than 85 alleged victims from P320 incidents across the country.
"This handgun literally puts those who carry it in the line of fire, and we've seen time and time again the devastating results of the gun's safety defects," Zimmerman said.
Despite aligning themselves with Zimmerman’s firm, and its lengthy list of suits on the same issue, Cole and Bigos chose to file alone in Somerset County Superior Court, instead of joining a class-action suit. Zimmerman explained, among other potential reasons, the fact Cole was injured in his incident made a difference.
"Class actions generally don’t work well with personal injury claims, because each person has their own personal injuries, their own personal damages," Zimmerman explained. "So, class actions are more appropriate in scenarios when everyone has suffered the same type of loss or has the same claim."
The attorneys said Sig Sauer reportedly targeted sales of the P320 pistol to law enforcement and military between 2014 and 2022.
In Wisconsin, where Zimmerman had filed multiple lawsuits, Milwaukee news station WTMJ reported the Milwaukee Police Union sued the city in 2022 after three alleged P320 misfires; dropping the suit after the city agreed to buy a new brand for the department. WTMJ also found at least five other departments in that area that used the P320 without misfires and did not plan to switch.
A spokesperson for the Maine Department of Public Safety told NEWS CENTER Maine on Monday that Maine State Police do not have any contracts with Sig Sauer, and it does not have data on what weapons local agencies use around the state.
Representatives from Sig Sauer did not respond to requests for comment on Monday.
David Cole is the son of the late Somerset County Sheriff's Office Cpl. Eugene Cole, who died in the line of duty in 2018.