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Delaney v. Reynolds4/14/2005
Worcester.
April 2, 2004
Negligence, Causation, Foreseeability of harm. Proximate Cause. Practice, Civil, Summary judgment.
Civil action commenced in the Superior Court Department on May 14, 2001.
The case was heard by John S. McCann, J., on a motion for summary judgment.
After Kathleen Delaney shot and gravely injured herself with John M. Reynolds's gun, she brought this action against him. The action is grounded on allegations that although Reynolds knew that Delaney had serious emotional and mental problems, including thoughts of suicide, he nonetheless negligently kept his loaded gun in a place readily accessible to her. The judge granted Reynolds's motion for summary judgment on the ground that her independent act of shooting herself was a superseding cause of her injuries. We conclude that whether Delaney intended to commit suicide was one of several disputed material questions of fact and reverse the judgment.
1. The Facts
We relate the facts as they appear in the materials submitted by the parties on Reynolds's motion for summary judgment. Sometime in July of 1998, Delaney and Reynolds, a police officer, began to live together at Reynolds's house. It was Reynolds's practice to store his handgun, loaded and unlocked, in his bedroom in a duffle bag or in a bureau drawer. The handgun was not equipped with a trigger lock. Reynolds was aware of the fact that Delaney knew where he kept his handgun. He was also aware of the fact that Delaney was receiving ongoing and active treatment for substance abuse and depression.
In the month leading up to May 8, 1999, the date of Delaney's self-inflicted injuries, Reynolds noticed that recent changes in her medication caused her to experience depression, feelings of isolation, and fatigue. Although Delaney claims to have informed Reynolds during this time that she previously had attempted to commit suicide by means of automobile exhaust inhalation, Reynolds denied having any knowledge of previous suicide attempts. On another occasion, Delaney claims and Reynolds denies, she told him that she had "had enough of this and wanted to end life." Reynolds's response was to hand Delaney his gun and instruct her to go outside so as not to make a mess in his house. Although Delaney took the gun and went outside, she did not shoot herself. When she went back into the house, Reynolds informed her that the gun was unloaded. Delaney also claimed that later that month she told Reynolds during a telephone conversation that she hated her life and wanted to die.
On the night of May 7, 1999, Delaney left Reynolds's residence to attend an Alcoholics Anonymous meeting. She purchased and smoked crack cocaine on the way to the meeting, and stopped at a cocktail lounge where she drank two "White Russian" cocktails on her way back from the meeting. Upon arriving home, Delaney saw that Reynolds was asleep on the living room sofa. She then began doing light household chores while drinking vodka mixed with lemonade. When Reynolds awoke, he confronted Delaney about her substance abuse. An argument ensued, and Reynolds ordered Delaney to move out of the house. Delaney went to the second level of the house and to the master bedroom she shared with Reynolds in order to pack her belongings.
While packing, Delaney noticed Reynolds's duffle bag on the bedroom floor. She reached into the bag, removed his handgun, left the bedroom, and returned to the staircase. Reynolds was still on the sofa in the living room. Descending the stairs, Delaney aimed the gun at a window and pulled the trigger twice. The gun did not fire. Reynolds jumped from the sofa, and Delaney ran back
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