Carmichael v. Williams

W. TROY HALL, Jr., Circuit Judge.

Plaintiff filed suit against defendant for the wrongful death of his minor son.

In his second amended complaint plaintiff alleges that defendant was guilty of negligent conduct toward his minor decedent who was, at the time of his death, a licensee in defendant’s house. The gravamen of plaintiff’s second amended complaint is that the defendant negligently left a loaded shotgun in his house and that a minor, one Stephen Clifford Held, age 13, who was playing in defendant’s house, picked up the shotgun and while playfully pointing it at the plaintiff’s decedent…