Graves v. Warner Bros.

• Citation: 656 N.W.2d 195,253 Mich App 486
• Decision Date: 23 January 2003
• Docket Number: Docket No. 226645.
• Parties: Patricia GRAVES and Frank Amedure, Sr., as Personal Representatives of the Estate of Scott Amedure, Deceased, Plaintiffs-Appellees, v. WARNER BROS., Jenny Jones Show, and Telepictures, jointly and severally, Defendants-Appellants.
• Court: Court of Appeal of Michigan (US)

656 N.W.2d 195

253 Mich App 486

Patricia GRAVES and Frank Amedure, Sr., as Personal Representatives of the Estate of Scott Amedure, Deceased, Plaintiffs-Appellees, v. WARNER BROS., Jenny Jones Show, and Telepictures, jointly and severally, Defendants-Appellants.

Docket No. 226645.

Court of Appeals of Michigan.

Submitted July 9, 2002, at Detroit.

Decided October 22, 2002, at 9:10 a.m.

Released for Publication January 23, 2003.

Fieger, Fieger, Schwartz & Kenney, P.C. (by Geoffrey N. Fieger, Ven R. Johnson, and Tammy J. Reiss), Southfield, for the plaintiffs.

Feeney Kellett Wienner & Bush, P.C. (by James P. Feeney, Bloomfield Hills, Sarah A. McLaren, and Paul L. Nystrom) (Patricia J. Boyle, of counsel), White Lake, for the defendants.

Honigman Miller Schwartz and Cohn (by Herschel P. Fink, Cynthia G. Thomas, and Dean M. Googasian), Detroit, Amici Curiae, for Detroit Free Press, Inc., National Broadcasting Company, Inc., ABC, Inc., CBS, Inc., and Fox Broadcasting Company.

Before: MURPHY, P.J., and GRIFFIN and METER, JJ.

GRIFFIN, J.

Defendants appeal as of right from the entry of judgment in the amount of $29,332,686 following the jury's verdict in plaintiffs' favor in this wrongful death action. We reverse the judgment, vacate the court's order, and remand for entry of a judgment and order in favor of defendants, holding that under the circumstances defendants owed no legally cognizable duty to protect plaintiffs' decedent from the homicidal acts of a third party.

I

The instant case has its origins in the tragic murder of plaintiffs' decedent, Scott Amedure, in March of 1995 by Jonathan Schmitz, who was ultimately convicted of second-degree murder. The facts underlying the highly publicized criminal case are set forth in this Court's decision, People v. Schmitz, 231 Mich.App. 521, 523, 586 N.W.2d 766 (1998), which addressed Schmitz' original appeal of his murder conviction:

This case arises from defendant's killing of Scott Amedure with a shotgun on March 9, 1995. Three days before the shooting, defendant appeared with Amedure and Donna Riley in Chicago for a taping of an episode of the Jenny Jones talk show, during which defendant was surprised by Amedure's revelation that he had a secret crush on him. After the taping, defendant told many friends and acquaintances that he was quite embarrassed and humiliated by the experience and began a drinking binge.

On the morning of the shooting, defendant found a sexually suggestive note from Amedure on his front door. Defendant then drove to a local bank, withdrew money from his savings account, and purchased a 12-gauge pump-action shotgun and some ammunition. Defendant then drove to Amedure's trailer, where he confronted Amedure about the note. When Amedure just smiled at him, defendant walked out of the trailer, stating that he had to shut off his car. Instead, defendant retrieved the shotgun and returned to the trailer. Standing at the front door, defendant fired two shots into Amedure's chest, leaving him with no chance for survival. Defendant left the scene and telephoned 911 to confess to the shooting.

Following a jury trial, Schmitz was found guilty of second-degree murder and possession of a firearm during the commission of a felony; however, this Court reversed the conviction and remanded the case for a new trial on the basis of an error concerning peremptory challenges and jury selection. Schmitz, supra. On remand, Schmitz was again found guilty of second-degree murder and felony-firearm and sentenced to twenty-five to fifty years' imprisonment for the murder conviction. His conviction and sentence were affirmed by this Court in People v. Schmitz, unpublished opinion per curiam of the Court of Appeals, issued January 22, 2002 (Docket No. 222834, 2002 WL 99740).

In the wrongful death action now before this Court, plaintiffs Patricia Graves and Frank Amedure, Sr., as personal representatives of the estate of Scott Amedure, deceased, alleged that Schmitz shot and killed Amedure as a direct and proximate result of the actions of the present defendants, the Jenny Jones Show (the show), its owner, Warner Bros., and its producer, Telepictures.¹ Plaintiffs essentially contended that defendants "ambushed" Schmitz when they taped the episode of the show in question,² intentionally withholding from Schmitz that the true topic of the show was same-sex crushes and never attempting to determine, before the show, the effect the ambush might have on Schmitz. Plaintiffs alleged that defendants knew or should have known that their actions would incite violence, with the sole purpose of the show being the increase in television ratings, and that defendants had an affirmative duty to prevent or refrain from placing plaintiffs' decedent in a position that would unnecessarily and unreasonably expose him to the risk of harm, albeit the criminal conduct of a third person. Plaintiffs maintained that the show breached its duty and foreseeably subjected plaintiffs' decedent to an unreasonable risk of harm, ultimately resulting in his death.

Defendants' motions for summary disposition and a directed verdict were denied by the trial court, which opined that there were genuine issues of material fact regarding duty and foreseeability, negligence, and causation. Following extensive trial proceedings, a jury returned a verdict in plaintiffs' favor, and a judgment was subsequently entered thereon awarding plaintiffs $29,332,686 in damages. The trial court denied defendants' posttrial motion for judgment notwithstanding the verdict or, in the alternative, a new trial or remittitur. Defendants now appeal.

II

In defendants' first issue on appeal, we are confronted with the cornerstone of this case whether defendants owed a duty to plaintiffs' decedent to protect him from harm caused by the criminal acts of a third party, Jonathan Schmitz. Defendants argue that they owed no such duty and that the trial court erred in denying defendants relief as a matter of law where plaintiffs failed to show a duty to prevent Schmitz' violent conduct. We agree.

Motions for summary disposition, a directed verdict, and judgment notwithstanding the verdict are reviewed de novo. Badalamenti v. William Beaumont Hosp., 237 Mich.App. 278, 284, 602 N.W.2d 854 (1999); Meagher v. Wayne State Univ., 222 Mich.App. 700, 708, 565 N.W.2d 401 (1997); Turner v. Mercy Hosps. & Health Services of Detroit, 210 Mich.App. 345, 348, 533 N.W.2d 365 (1995); Jenkins v. Southeastern Michigan Chapter, American Red Cross, 141 Mich.App. 785, 792, 369 N.W.2d 223 (1985).

A motion under MCR 2.116(C)(10) tests the factual sufficiency of the complaint. Under subsection C(10), a trial court considers affidavits, pleadings, depositions, admissions, and other evidence submitted by the parties, MCR 2.116(G)(5), in the light most favorable to the party opposing the motion. The trial court should grant the motion if the affidavits or other documentary evidence show that there is no genuine issue regarding any material fact and the moving party is entitled to judgment as a matter of law. MCR 2.116(C)(10), and (G)(4). Maiden v. Rozwood, 461 Mich. 109, 120, 597 N.W.2d 817 (1999); Quinto v. Cross & Peters Co., 451 Mich. 358, 547 N.W.2d 314 (1996).

In reviewing a trial court's decision on a motion for a directed verdict, this Court must examine the evidence and all reasonable inferences that may be drawn from it in a light most favorable to the nonmoving party. Clark v. Kmart Corp., 465 Mich. 416, 418, 634 N.W.2d 347 (2001); Mason v. Royal Dequindre, Inc., 455 Mich. 391, 397, 566 N.W.2d 199 (1997). Only if the evidence so viewed fails to establish a claim as a matter of law should the motion be granted. Clark, supra at 418-419, 634 N.W.2d 347. The same standard applies in reviewing motions for judgment notwithstanding the verdict. Orzel v. Scott Drug Co., 449 Mich. 550, 557-558, 537 N.W.2d 208 (1995).

Questions about whether a duty exists are for the court to decide as a matter of law. Mason, supra; Murdock v. Higgins, 454 Mich. 46, 53, 559 N.W.2d 639 (1997); Scott v. Harper Recreation, Inc., 444 Mich. 441, 448, 506 N.W.2d 857 (1993). The fundamental principles concerning the threshold issue of duty in a negligence action are well established and have been set forth in detail on numerous occasions by our courts. See, generally, Case v. Consumers Power Co., 463 Mich. 1, 6, 615 N.W.2d 17 (2000); Maiden, supra; Murdock, supra; Buczkowski v. McKay, 441 Mich. 96, 100-101, 490 N.W.2d 330 (1992); Friedman v. Dozorc, 412 Mich. 1, 22, 312 N.W.2d 585 (1981); Moning v. Alfono, 400 Mich. 425, 437, 254 N.W.2d 759 (1977); Krass v. Tri-County Security, Inc., 233 Mich.App. 661, 667-668, 593 N.W.2d 578 (1999); Baker v. Arbor Drugs, Inc., 215 Mich.App. 198, 203, 544 N.W.2d 727 (1996). Briefly reiterated, a negligence action may be maintained only if a legal duty exists that requires the defendant to conform to a particular standard of conduct in order to protect others against unreasonable risks of harm. Maiden, supra at 131-132, 597 N.W.2d 817. This analysis requires a determination whether the relationship of the parties is the sort that a legal obligation should be imposed on one for the benefit of another. Id.; Friedman, supra. In determining whether a duty exists, courts examine different variables, including

foreseeability of the harm, existence of a relationship between the parties involved, degree of certainty of injury, closeness of connection between the conduct and the injury, moral blame attached to the conduct, policy of preventing future harm, and the burdens and consequences of imposing a duty and the resulting liability for breach. [Krass, supra at 668-669, 593 N.W.2d 578].

See also Buczkowski, supra at 100-101, 490 N.W.2d 330; Terry v. Detroit, 226 Mich.App. 418, 424, 573 N.W.2d 348 (1997).

Of particular import to the present appeal is the principle that, in general, there is no legal duty obligating one person to aid or protect...