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Cullip v. Domann

972 P.2d 776 (1999)

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Cullip v. Domann

Kansas Supreme Court

972 P.2d 776 (1999)

Facts

David Cullip (plaintiff) was a 14-year-old boy who went hunting with two friends, William Domann and Johnny Jack Mercer (J.J.) (defendants). David invited the boys to his house and then suggested they go hunting. David provided two rifles and a shotgun for the boys to use. David’s mother, Lula Cullip (defendant), gave a brief instruction about gun safety, drove the boys to a property not owned by any of them, and left them there for the afternoon. J.J. had no knowledge or experience with hunting, but he gave David $5 for ammunition. While they were hunting, William accidentally fired the shotgun at David, paralyzing him. At the time of the accident, J.J. was aware William was carrying a loaded shotgun near David’s location, but J.J. was not paying attention to William and did not warn David about being in William’s line of fire. David filed suit against William, William’s parents (defendants), and Lula, as well as J.J. and his parents, LuElla and Joe Mercer (defendants). David settled with all defendants other than the Mercers. The trial court granted the Mercers’ motion for summary judgment, holding that LuElla and Joe Mercer owed no duty to David and that J.J. had not breached a duty to David. David appealed, arguing in part that J.J. was liable to David because the two were engaged in a joint venture.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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