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Newtown Seeks Dismissal  
of Glass Safety Lawsuit  
he Town of Newtown, Conn., and education and welfare of students in  
its board of education are seek- even the most routine of settings, the  
ing the dismissal of a pending suggestion that the defendants’ pre-at-  
T
wrongful death lawsuit filed against tack conduct in choosing which types  
them by the estates of two children of locks to have on their doors, how to  
killed in the 2012 Sandy Hook School supervise or train staff in emergency  
shooting.The lawsuit claims the school preparedness, where to store a class-  
had insufficient security, including room key,whether or not to hire a secu-  
entrances.  
non-safety glass” used in the facility’s rity guard, or whether or not to install  
bulletproof glass was somehow bound  
According to court documents, the by a ministerial duty to act in a certain  
plaintiffs claim the school “failed to way is erroneous.”  
provide a security guard or any other  
They add,“the plaintiffs’ claims as to  
type of law enforcement personnel the defendants’ negligence cannot, as a  
to assist in the implementation of matter of law,advance beyond the sum-  
the policies and procedures should mary judgment stage. The plaintiffs’  
an intruder enter the building, while complaint seeks to blame the plain-  
leaving a large enough non-safety tiffs’ loss on the very individuals who  
glass window directly to the right of were also murdered by [the shooter].  
the locked outer doors of the school, While the defendants truly empathize  
making access to the building rela- with the feelings of loss suffered by  
tively simple, and [making] success- the plaintiffs, a civil lawsuit seeking to  
ful lockdown of the building virtually hold the defendants liable by faulting  
impossible.”  
school personnel, some of whom per-  
The 12-square-foot glass allowed the ished that day cannot continue as a  
shooter to enter the building forcibly matter of law. the plaintiffs offer no  
and made the locking of those doors competent evidence to establish their  
a useless measure, the lawsuit alleges. allegations of negligence.”  
The shooter used a semiautomatic  
A new elementary school, which  
rifle to shoot through the glass lite and opened last fall, was built in place of  
enter the building. Several other cases the demolished building that was the  
of alleged negligence were listed in the site of the shooting. Architect Svigals  
complaint.  
+ Partners worked closely with its se-  
The estates proposed an $11 million curity consultant, as well as a planning  
settlement in June 2016, which the team that included a security com-  
town and school board denied.  
mittee comprised of school person-  
Court documents dated June 30, nel, first responders and community  
017, show the defendants moved for members.  
2
summary judgment, claiming “there is  
no genuine issue of fact regarding the mine security measures that would  
defendants’ alleged negligence.”  
be put in place, namely where security  
The parties collaborated to deter-  
In a corresponding 101-page mem- glazing would be implemented. Repre-  
orandum of law supporting the mo- sentatives from both the architect and  
tion, the defendants say that “given  
Aluflam North America  
562-926-9520  
aluflam-usa.com  
the complexities of managing for the  
continued on page 40  
www.usglassmag.com  
September 2017 | USGlass, Metal & Glazing  
39  
Lconetignuiesdlation&Legal  
glazing contractor, Accurate Door and the glass makeup, many other security include a certification with their entry,”  
Window, told USGlass magazine that considerations were made in the de- a release from the Aluminum Extrud-  
the school used the most security glaz- sign, including orientation and how ers Council (AEC) reads. “This is sig-  
ing either party had ever seen in a proj- accesses to the entrances are controlled nificant because the determination  
ect they’ve worked on.  
Much of the glass applications in  
by the landscape.  
applies to heat-treated 5050 extrusions.  
If the department allowed a certifica-  
the building consist of security glaz- DOC Upholds Decision  
tion, importers could simply claim  
ing supplied by School Guard Glass in Aluminum Case  
that the 5050 extrusion was naturally  
The Department of Commerce aged and not artificially aged. This  
(
SGG). “It’s an amazing product that  
goes a long way in fulfilling our secu- (DOC) issued its final determination would force Customs to test the prod-  
rity goals—to deter, detect, delay and in the 5050 aluminum alloy circum- uct. Without the certification, Customs  
protect,” says Svigals + Partners man- vention case against Zhongwang and will now presume a 5050 extrusion  
aging partner Jay Brotman. He says the other exporters.  
glazing underwent stringent testing  
The DOC upheld its preliminary the importer can prove that it was not  
based on the application and framing determination that heat-treated 5050- heat-treated.”  
entry is subject to the tariffs unless  
systems used. “They had quantitative grade aluminum alloy—regardless of  
The AEC also notes that cash depos-  
results that the product performed as producer, exporter or importer—is its, such as estimated duties, are retro-  
they proposed,” he says.  
Brotman adds that the difference countervailing duty orders on alumi- of the circumvention inquiry, which is  
between the security glazing and num extrusions from China.  
March 2016. This means all entries of  
non-security glazing used in the proj-  
“Importantly, the department has 5050 extrusion from then forward are  
covered by the antidumping duty and active to the effective date of initiation  
ect is indistinguishable. In addition to also declined to require importers to subject to duties. s  
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See us at GlassBuild America booth #527  
40  
USGlass, Metal & Glazing | September 2017  
www.usglassmag.com  

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