Cullip by & Through Pitts v. Domann by & Through Domann - 266 Kan. 550, 972 P.2d 776 (1999)

Rule:

A parent is under a duty to exercise reasonable care so to control his minor child as to prevent it from intentionally harming others or from so conducting itself as to create an unreasonable risk of bodily harm to them, if the parent (a) knows or has reason to know that he has the ability to control his child, and (b) knows or should know of the necessity and opportunity for exercising such control.

Facts:

Plaintiff, David Cullip, a minor 14 years of age, and defendants Johnny Jack Mercer and William Domann, went hunting on property not owned by them. Neither of the friends knew that plaintiff planned to go hunting until they arrived at plaintiff's house. When hunting, plaintiff was climbing up a creek bank when the shotgun carried by Domann accidentally discharged, striking plaintiff and resulting in his paralysis. Plaintiff, by and through his next friend, David Pitts, filed a negligence action against defendants, the minor friends and their parents. Plaintiff settled his claim with Domann, the friend that actually shot him, along with the friend's parents. The trial court granted summary judgment to the remaining defendants, Mercer and his parents, concluding on the basis of uncontroverted facts that Mercer’s parents owed no duty to the plaintiff and that Mercer breached no duty owed to the plaintiff. Plaintiff sought review.

Issue:

 Were the defendants liable for the plaintiff’s injury and damages, thereby rendering the grant of summary judgment in favor of the defendants an error? 

Answer:

No.

Conclusion:

The court affirmed the summary judgment grant to defendants because defendant parents had no duty to control the minor child under the circumstances, thus were not negligent. Additionally, defendant minor child did not conduct himself in a manner that created an unreasonable risk of bodily harm to plaintiff.