Sheehan v. United Services Auto. Ass'n
| Decision Date | 05 January 1996 |
| Docket Number | No. 94-CA-002729-MR,94-CA-002729-MR |
| Parties | Gerry SHEEHAN, Individually and Gerry Sheehan, as Administratrix of the Estate of Bradley Barry Sheehan, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. |
| Court | Kentucky Court of Appeals |
Larry B. Franklin, Hope K. Fitzpatrick, Franklin & Hance, P.S.C., Louisville, for Appellants.
Reford H. Coleman, Coleman & Stevens, Elizabethtown, for Appellee.
Before DYCHE, JOHNSON and JOHNSTONE, JJ.
Gerry Sheehan (Sheehan) appeals from an order of the Jefferson Circuit Court granting summary judgment in favor of United Services Automobile Association (USAA), and dismissing it from a negligence action. We affirm.
On August 20, 1992, Bradley B. Sheehan, a 16-year-old high school student from Louisville was mortally wounded when he allegedly placed a loaded .22 caliber revolver to his head and accidently pulled the trigger. He died the following day. The weapon was owned by Joseph L. Smith, Jr., and had been removed from the Smith home by Joseph's son, Andrew, who was a friend of the decedent.
On August 17, 1993, Gerry Sheehan, individually and as administratrix of the estate of Bradley B. Sheehan, filed an action against USAA and Joseph and Sheila Smith individually and as parents and next friends of Andrew Smith, a minor. Negligence was alleged on the part of USAA in that "it did not screen its homeowner policyholders for the number and types of weapons owned, amount of ammunition owned, type of storage or safeguarding of dangerous instrumentalities, and the names, training and experience of persons allowed access to the weapons and ammunition." USAA moved to be dismissed from the action on the grounds that the complaint failed to state a cause of action against it. The trial court treated the motion as one for summary judgment and on January 25, 1994, entered an order dismissing Sheehan's claim against USAA. Sheehan filed a notice of appeal on February 16, 1994. That appeal was dismissed by this Court upon a determination that the trial court's order was interlocutory and not immediately appealable. Sheehan then sought and obtained a final and appealable order from the trial court which was entered on November 7, 1994. This appeal is from that order.
The crux of this appeal is whether USAA, as provider of a homeowner's policy to the Smiths, owed a duty of care to the decedent. Sheehan contends that USAA had a duty to conduct a risk assessment of its insureds and to educate them through information, precautionary measures, and guidelines in the safe storage of weapons and ammunition or to offer premium discounts that encourage responsible firearm ownership. We can find no precedent which would indicate such a duty on USAA's part, and find that public policy considerations do not support such a duty.
Before a defendant can be held liable on a theory of negligence, there must exist a duty owed to the plaintiff by the defendant. Mullins v. Commonwealth Life Insurance Co., Ky., 839 S.W.2d 245, 247 (1992). Grayson Fraternal Order of Eagles v. Claywell, Ky., 736 S.W.2d 328 (1987), indicates that "liability for negligence expresses a universal duty owed...
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