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222 N.C. App. 320

Bridges v. Parrish

Court of Appeals of North Carolina

Decided August 21, 2012

Court of Appeals of North Carolina · decided 2012-08-21

Cited by 8 later decisions — most recently January 2021

6 state decisions

Relies on Jupin v. Kask · Estate of Heck Ex Rel. Heck v. Stoffer · 192 Ga. App. 616 - Edmunds v. Cowan

Good law ✅— No negative treatment on recordhow we know

Decided 2012-08-21

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GEER, Judge,

¶1concurring in part and dissenting in part.

¶2I concur with the majority opinion except for the claim for negligent storage of a firearm, which I believe may also encompass the claim for negligent entrustment of a firearm. Our courts have not yet had an opportunity to address such a negligence claim.

¶3I am persuaded by the reasoning in the following cases from other jurisdictions recognizing a claim for negligent storage of a firearm under circumstances similar to those alleged in the complaint. See Irons v. Cole, 46 Conn. Supp. 1, 8-9, 734 A.2d 1052, 1056 (1998) (upholding verdict against parents for negligent storage and maintenance of gun in connection with use of gun by adult child who abused alcohol and was violent towards domestic partners); Foster v. Arthur, 519 So. 2d 1092, 1095 (Fla. Dist. Ct. App. 1988) (upholding judgment in favor of plaintiff when defendant knew that housemate was not legally allowed to possess or use firearm and that he had previously murdered one man and been involved in another shooting, but still allowed him to know she stored her firearm under her mattress); Edmunds v. Cowan, 192 Ga. App. 616, 618, 386 S.E.2d 39, 41 (1989) (reversing summary judgment on claim for negligent storage of fire arm claim against parent for adult child’s use of parent’s firearm); Estate of Heck ex rel. Heck v. Stoffer, 786 N.E.2d 265, 266-67 (Ind. 2003) (reversing summary judgment entered on claim against parents for negligent storage of handgun used by adult child to kill police officer); Jupin v. Kask, 447 Mass. 141, 143, 849 N.E.2d 829, 832-33 (2006) (reversing summary judgment granted to homeowner on claim for negligent firearm storage when she allowed unsupervised access to property by person with known history of violence and mental instability).

¶4*330Defendants argue that even under the standard set out in Heck and Jupin, plaintiff has not stated a claim for relief. Each of those cases, however, involved motions for summary judgment and not a motion to dismiss. While plaintiff may or may not be able to make the showing found sufficient in those cases to defeat summary judgment, I believe that she has included sufficient allegations in her complaint to set forth a claim for negligent storage of a firearm. Consequently, I would adopt the reasoning of the above cases and reverse the trial court’s order granting the motion to dismiss as to plaintiff’s claim for negligent storage of a firearm.

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