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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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