McGinnis v. Kinkaid

This is an appeal from a decision of the Court of Common Pleas of Cuyahoga County granting defendants’ motion for summary judgment against plaintiff in a civil action for damages arising out of an incident involving the discharge of a loaded firearm.

The facts pertinent to disposition of this appeal are summarized as follows.

On July 11, 1976, defendant Russell Kinkaid purchased a used twelve-gauge shotgun for $25, making the gun a birthday present to himself on his seventeenth birthday. When defendant brought the gun home, his mother, defendant Mary Kinkaid, indicated to him that she was…