Wood v. Groh

Supreme Court of Kansas · 2000 · Torts

Tortsfirearmsdangerous instrumentalityhighest degree of carejury instructionsnegligent parental supervisioncomparative faultjoint and several liability

Facts

Derry and Choon Groh kept a .22 caliber handgun in a locked gun cabinet, with the loaded ammunition clip and additional ammunition stored in the same cabinet. Their 15-year-old son, Ed, used a screwdriver to open the cabinet, took the gun and ammunition, drank beer with friends, and later accidentally shot 15-year-old Sarah Wood at a party. Evidence showed Derry had taken Ed target shooting with the gun, had forbidden him from using it without supervision, and was the only person with the cabinet key, but there was also testimony that Ed said Derry knew he sometimes took the gun and shot it. Ed had previously been arrested for joyriding, was on probation that barred firearm possession without probation-officer permission, and violated his curfew on the night of the shooting.

Issue

Did the trial court err by instructing the jury that the Grohs owed only reasonable care in preventing their son from gaining access to the handgun, rather than the highest degree of care required for firearms as dangerous instrumentalities? The appeal also raised whether the Grohs could be jointly and severally liable for their son's fault and whether the negligent parental supervision issue was properly submitted to the jury.

Rule

Firearms are inherently dangerous instrumentalities, and persons having ownership or control of them must exercise the highest degree of care commensurate with their dangerous character. In negligence actions governed by K.S.A. 60-258a, the fault of negligent joint tortfeasors must be compared, and joint and several liability does not apply. A parent may be liable for negligent parental supervision if the parent knows or has reason to know of the ability to control the minor child and knows or should know of the necessity and opportunity for exercising such control.

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In Wichita, Nora and Daniel Pike kept a revolver in a locked basement cabinet. The gun itself was unloaded, but a loaded magazine and loose ammunition were stored on the same shelf inside the cabinet, and their 16-year-old son could open the cabinet with a pocketknife. He took the gun, loaded it, and accidentally wounded a classmate.

In the injured classmate's negligence suit against Nora and Daniel for unsafe storage, what standard should govern the parents' conduct in safeguarding the gun?

Explanation. Firearms are inherently dangerous instrumentalities, so persons having ownership or control of them must exercise the highest degree of care commensurate with their dangerous character. The unloaded status does not lower the standard where ammunition is stored with the gun so that access to one effectively gives access to both. The rule is not strict liability; negligence is still the theory. (Derived from Wood v. Groh (n.d.).)