From the New York Times, I'm Michael Bavaro. This is the Daily.

Today, as mass shootings have become commonplace, attempts to hold gun makers accountable,

keep hitting the same roadblock. Until now, my colleague Natalie Kittroff talks to David Wheeler

about a lawsuit that could transform the gun industry.

It's Friday, July 12.

David, I think to start, I wanted to ask, what was Ben like?

Ben was six. So he, in many ways, was a very, very typical six-year-old boy. A lot of energy.

He was always banging into something. He always had a bruise or a bumper, a scar or something.

His nickname was Crash because he was, you know, one or two trips to the ER in those six years.

And his older brother, Nate, you know, he couldn't get a word in edgewise. Few of us could.

He still had a little bit of a lisp that he was working on. He hadn't lost any of his baby teeth

yet, which is not entirely usual at age six. Usually, kids have lost a few by then, but he hadn't

lost any baby teeth yet. And he was really bummed about that. And so he had a kind of an obsession with

sort of the tooth fairy and how that whole thing worked. But he was a very rambunctious and energetic

and lovely kid. So can you bring us back to December 14th, 2012, how did that day begin?

Well, it was a typically chaotic family day in a lot of ways. Everybody trying to get out the

door in order to catch the bus or get to school on time or get to work on time, in my case.

And then that morning Benny woke up with sniffles. He had some sniffles in and my wife asked me,

if we should send him to school. And I said, sure, I mean, her day was going to be turned completely

upside down if he didn't go to school. So I said, look, what would happen if you keep him home?

Send him to school. So we said, you know, that's something I've had to

live with.

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