DE VILLERS v. County of San Diego

Rossum (Rossum) took toxic materials from her employer, the County of San Diego (County), and used them to murder her husband, Greg de Villers (de Villers). The trial court ruled County could be liable in wrongful death damages for de Villers’s death. The jury awarded damages against County. We reverse.

I

FACTUAL BACKGROUND

A. The Relationship Between Rossum and de Villers

Rossum became addicted to methamphetamine during high school. She continued to use methamphetamine periodically during college. In December 1994, while in college, Rossum left school without telling her parents, and went to San Diego to hide a relapse into methamphetamine use. At that time, she met de Villers, they became lovers, and Rossum moved into de Villers’s apartment.

De Villers helped Rossum quit using methamphetamine, and in the fall of 1995 she reenrolled in college, majoring in chemistry. She avoided drug use and graduated with honors in May 2000. Rossum married de Villers in June 1999.

B. Rossum’s Employment at the Office of the Medical Examiner

In 1997, while still in college, Rossum was employed as a student worker at County’s office of the medical examiner (OME). At that time, she…