K.H. v. J.R.
Pennsylvania Supreme Court
826 A.2d 863 (2003)
- Written by Salina Kennedy, JD
Facts
JR (defendant) was the father of NR, a 14-year-old boy. JR had joint legal custody of NR but was the noncustodial parent. JR gave NR a BB gun and allowed NR to take the gun to his mother’s house. While NR was at his mother’s house, he negligently shot AH, a 13-year-old boy, in the abdomen, perforating AH’s liver and colon. AH’s parents (plaintiffs) sued NR and JR for negligence, arguing that JR was liable for damages to AH under a theory of parental liability. The trial court granted summary judgment to JR. A jury found NR liable and awarded AH’s parents $4,625 in damages. AH’s parents appealed the trial court’s summary-judgment order, and the appellate court reversed. JR appealed to the Pennsylvania Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Saylor, J.)
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