(DOWNLOAD) "Johnstone v. City of Albuquerque" by Supreme Court of the State of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Johnstone v. City of Albuquerque
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 10, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
1 When an individual commits suicide using a gun owned by someone else, the owner of the gun is not liable for the death under settled negligence principles. In the absence of intentional conduct that creates the risk of suicide, or a legally recognized special relationship and knowledge of a specific likelihood of harm that gives rise to a duty to avoid harm, suicide operates as an independent intervening cause of death. In this case, we decline Plaintiffs invitation to abrogate this long-standing precedent. Defendants sixteen year-old stepdaughter used his firearm to commit suicide. Her estate sued him individually, together with his employer the City of Albuquerque, alleging that Defendant was grossly negligent in leaving his firearm unattended. Summary judgment was entered for Defendant in his individual capacity, dismissing Plaintiffs suit. We affirm.