Knight v. Merhige
Florida District Court of Appeal
133 So. 3d 1140 (2014)
- Written by Mary Katherine Cunningham, JD
Facts
Between 1994 and 2006, Paul Merhige lived with his parents, Michael and Carole Merhige (defendants), and was financially dependent upon them. During that time, law enforcement frequently was at their residence due to Paul’s extremely violent and aggressive acts. One such act was a physical attack on Dr. Antoine Joseph during a Thanksgiving dinner in 2008. In 2009, the Merhiges excluded Paul from their home but still provided him with housing and financial support. Michael and Carole were invited to Thanksgiving at the home of Muriel and Jimmy Sitton held on November 26, 2009. Despite the extended family’s request that the Merhiges’ not invite Paul, the couple invited him to the dinner. During the dinner, Paul retrieved a firearm from his car and opened fire on his family members, killing four people and seriously wounding one person. After the shooting, the representatives of the victims’ estates (plaintiffs) sued the Merhiges, asserting the couple was negligent by inviting Paul to the dinner. The trial court dismissed the complaints for failure to state a cause of action. The estate representatives appealed.
Rule of Law
Issue
Holding and Reasoning (Gross, J.)
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