Torts Keyed to Dobbs
Delaney v. Reynolds
Plaintiff Delaney began living with Defendant Reynolds, a police officer. Reynolds routinely stored his gun, loaded and unlocked in the bedroom. Reynolds knew that Delaney knew where he kept his gun. Reynolds also knew that Delaney was depressed and had substance abuse problems. One night Delaney smoked crack cocaine and was drinking heavily. Reynolds urged her to move out of his house. While packing her things, Delaney took the gun, went downstairs and aimed the gun at Reynolds, pulling the trigger twice. The gun did not fire. Delaney then ran back up stairs, pursued by Reynolds. When they reached the bedroom, Delaney put the gun under her chin, fired, and this time the gun went off, seriously injuring her. Delaney sued Reynolds for negligence. Reynolds claimed that Delaney’s intentional act of attempting suicide was a superseding cause of her injuries. The trial judge granted summary judgment for Reynolds and the court of appeals reversed
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