Sturgeon

The owners of a house rented to a tenant they knew had a drinking problem and kept firearms in the rented dwelling. While under the influence of alcohol, the tenant accidentally shot a visitor. We hold the landlords did not owe a duty of care to the visitor because the injury was not foreseeable.

Facts and Procedure

On February 8, 1992, plaintiff Lisa Sturgeon visited a friend’s home. Sturgeon’s friend lived in Roseville in a house Thomas Curnutt rented from his parents, the defendants, Hugh and Wilma Curnutt. During Sturgeon’s visit, Thomas displayed a firearm, and, while he waved it around, it accidentally fired. The bullet entered and exited Sturgeon’s abdomen, penetrated her elbow, reentered her body and exited her buttocks, severing a tendon there.

Sturgeon filed suit against Thomas and the defendants for intentional tort and negligence. Thomas filed for bankruptcy and the suit was dismissed as to him.

In opening statement at trial, Sturgeon’s attorney outlined the injury and indicated the evidence would show alcohol was present and Thomas appeared to be under the influence. After the incident, Thomas suggested Sturgeon might go to the hospital. However, he did…