Heyl Royster

 


Heyl Royster

 

News

Summary Judgment for Homeowner in Shooting Incident

11/03/2016

Chuck Timmerwilke obtained summary judgment for a homeowner on a case in which the past medical bills of the plaintiff exceeded the policy limits. The homeowner invited her 20-year-old daughter (a convicted felon) into her home. The daughter brought along a 21-year-old friend, and they both stayed in the house after the homeowner left for work. After the homeowner left, her daughter found a loaded handgun in an unsecured dresser drawer in the mother’s room. The daughter then posed with the gun while her friend took pictures, and accidentally shot her friend, resulting in multiple surgeries and a brachial plexus injury. The court granted summary judgment in favor of the homeowner finding that no duty existed under the facts, and no proximate cause existed between the unsecured gun and the accidental shooting as a matter of law.