Reida

Reida v. Lund

Good Law
18 Cal. App. 3d 698·1971 Cal. App. LEXIS 1424·96 Cal. Rptr. 102
Court of Appeal of CaliforniaJuly 13, 1971Civ. 36520California3,411 words

Opinion

Opinion

Fleming, J.

Michael Clark, aged 16, left his home in Long Beach shortly after 8 o’clock on the evening of 24 April 1965, taking without permission a family automobile, credit cards, and his father’s 6.5 x 55 millimeter Swedish Mauser military rifle equipped with telescopic sight. About 6 o’clock the following morning he stationed himself near Santa Maria on a hill overlooking Highway 101 and began firing at passing automobiles, as a consequence of which three persons were killed and others seriously wounded. When the police moved in on his position, Michael put the rifle to his head and killed himself.

William, Lucille, and Kim Reida, victims of Michael’s shooting, brought this action for personal injuries and wrongful death against Michael’s estate and against Forest Clark and Joyce Clark, Michael’s parents. The complaint charged the parents with negligence in the training, supervision, and control of Michael, and negligence in making firearms available to him. A summary judgment was entered in favor of the Clarks, and the Reidas have appealed.

The declarations, interrogatories, transcripts, and depositions presented to the trial court on the motion for summary judgment disclosed…

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