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COA: Mother not liable for death as gun buyer

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The Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.

In Gary Lewis v. Estate of Alvis Wynn, et al., No. 10A01-0804-CV-157, Gary Lewis filed a negligence claim against his mother-in-law, Phyllis Wynn, following the death of his wife, Linda. Wynn's husband, Alvis, shot and killed Linda and himself with a gun Phyllis purchased for him. Gary claimed Phyllis procured the gun used in the shooting and "negligently stored, entrusted, monitored, or allowed" Alvis to get possession of it.

Phyllis and Alvis were married, divorced, and remarried to each other over the course of nearly five decades. Throughout that time, Phyllis claimed Alvis was abusive, manipulative, and had a temper. Linda had claimed when she was a teenager in 1980 that Alvis had raped her, which led to the divorce. Phyllis and Alvis remarried a few years later, and then again filed for divorce in 2004.

Phyllis lived next door to Alvis during their separation and had changed the locks to her home. She allowed him to come in when she wasn't home to take his possessions, and she contended that's when he took all the guns from her home, including the one used in the shooting.

On appeal, Phyllis argued Alvis owned the guns and she couldn't be liable for negligently entrusting the guns because she didn't own them.

The Court of Appeals decided the designated evidence in this case doesn't show proximate cause because Linda's death wasn't foreseeable at the time Phyllis bought the gun. The designated evidence doesn't indicate when she bought the gun and the record is devoid of evidence she was aware of the threat of violence toward others when she bought it. Her own testimony suggests she bought the guns before they were separated, but doesn't say which separation.

"One who purchases a gun is not forever liable for all acts involving the gun, but only for those acts that are foreseeable at the time the gun is purchased," wrote Judge Melissa May.

The evidence also shows Phyllis wasn't negligent in storing or monitoring the guns because she had changed her locks and restricted Alvis' access to her home before the shooting.

Lewis also argued some accounts Phyllis contributed money to that were either in Alvis' name or joint accounts that weren't considered part of his estate should be used to satisfy any judgment against Alvis in his Wrongful Death Claim. The Court of Appeals held the trial court didn't err in holding Phyllis' contributions to the disputed accounts aren't subject to claims on Alvis' estate.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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