James v. O'Neal

I dissent from the court’s decision because in my opinion unresolved issues of material fact exists as to whether the O’Neals were negligent in failing to exercise reasonable care for the protection of the helpless Devon after receiving information that he had been shot. I would reverse the summary judgment granted to the defendants and remand for trial.

I

The facts — developed mainly from the depositions of the defendants — viewed in a light most favorable to the plaintiffs, disclose the following events culminating in the tragic death of the plaintiffs’ minor child.

On Saturday night, May 30,…