November 24, 2009 (FinancialWire) — Taser International, Inc. (NASDAQ: TASR), a provider of technology solutions and the market leader in electronic control devices, announced that on November 20, 2009, the United States District Court for the Northern District of California entered an order and judgment for Taser International in the arrest-related-death lawsuit entitled Rosa v. Taser International, et al. granting Taser International’s motion for summary judgment.

Plaintiffs were represented in the Rosa case by California attorneys: John C. Burton, Peter M. Williamson, John F. Baker, and Peter T. Cathcart. Plaintiffs filed their lawsuit in 2005, and aggressively litigated their case for 4 years. The medical examiner had determined cause of death was from the methamphetamine Rosa ingested.

The Court noted that “California courts require that plaintiffs present evidence of ‘general recogni[tion] and prevailing best scientific and medical knowledge’ to meet the ‘known or knowable’ element of a strict liability claim.” In addition, the court noted that the “evidence is insufficient as a matter of law to raise a triable issue as to ‘knowability’ of the risk,… [and] insufficient to create a triable issue as to whether Taser should have known of the risk.”

The Court also noted that “Taser has developed a comprehensive warning system in which every ECD sold or distributed is accompanied by a training CD/DVD and operating manual to be used by Taser-certified instructors,” and that Defendant’s expert Dr. Raymond Fish “unequivocally rejects the theory that ECDs on humans decrease respiration and cause dangerous acidosis.”

In granting Taser’s motion for summary judgment, the Court stated that Taser International’s assertions “are well-taken” that there are no genuine issues of material fact with regard to whether, “the alleged propensity of ECDs to cause metabolic acidosis was known or knowable on December 30, 2003, when the ECDs in question were shipped from Taser to its distributor; [and]… Taser’s warnings with respect to the dangers posed by application of its ECDs were adequate…”

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