Bridges v. Parrish
742 S.E.2d 794
N.C.2013Background
- Plaintiff Bridges sues Harvey and Barbara Parrish for negligent storage of firearms, claiming their son Bernie procured a gun and shot Bridges; Bernie is 52 and has a history of violence and criminal charges including kidnapping and weapon offenses.
- Berine lived on Parrishes' property during the relevant period; Parrishes owned multiple firearms to which Bernie had access.
- Bridges dated Bernie in 2010–2011; their relationship ended then rekindled, culminating in the March 8–9, 2011 incident where Bridges was shot.
- Plaintiffs alleged that Parrishes knew or should have known of Bernie’s danger and failed to secure firearms, causing Bridges’ injuries.
- Trial court dismissed Bridges’ claim; Court of Appeals affirmed the dismissal; the Supreme Court granted review to determine whether a common-law duty to secure firearms exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a legal duty to secure firearms against a third party exists. | Bridges argues a special relationship or foreseeability basis imposes a duty. | Parrish contends no duty exists to secure firearms absent a special relationship or statutory duty. | No duty recognized; no special relationship shown; negligence claim fails. |
Key Cases Cited
- Moore v. Crumpton, 306 N.C. 618 (1982) (parent liable for failing to exercise control over unemancipated child; limited by opportunity to control)
- Foster v. Winston-Salem Joint Venture, 303 N.C. 636 (1981) (criminal acts as intervening causes; general lack of duty to prevent third-party crime)
- Edwards v. Johnson, 269 N.C. 30 (1967) (highest degree of care required in handling firearms; no automatic home-storage liability)
- Belk v. Boyce, 263 N.C. 24 (1964) (high degree of care required when handling firearms in vicinity of others)
- Smith v. Camel City Cab Co., 227 N.C. 572 (1947) (duty to provide safe conveyance of passengers)
- Moore v. Crumpton, 306 N.C. 618 (1982) (as above; cited for control over child)
- Stein v. Asheville Bd. of Educ., 360 N.C. 321 (2006) (elements of negligence; foreseeability and duty analysis)
- Nelson v. Freeland, 349 N.C. 615 (1998) (policy considerations in firearm-related liability)