Estate of Cummings v. Davie
40 A.3d 971
Me.2012Background
- Kristin Cummings, 25, the daughter of James and Jadzia Davie, died by suicide at her parents’ home on Oct 10, 2008, about 36 hours after being discharged from Stephens Memorial Hospital.
- On Oct 8, Kristin presented as emotionally sad and depressed at the hospital; clinicians diagnosed suicidal ideation with no plan and discussed CSU hospitalization but she declined to stay.
- Medical staff recommended aftercare and an appointment with a crisis counselor; Decotiis advised actions including seeking a protection from abuse order, but Kristin chose to return home with her parents.
- Davies provided lodging and monitored Kristin after discharge; the gun Kristin used was a .22 Magnum kept loaded above the refrigerator, a firearm James had stored there for years.
- Kristin retrieved the gun in the early morning of Oct 10 and shot herself; James had previously checked the gun in response to Kristin’s assertion that her husband threatened the family.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to prevent self-harm | Estate argues a duty arises from a special relationship or custodial care. | Davies had no recognized duty; they were not medical or law enforcement and Kristin was an adult. | No duty existed. |
| Existence of a special relationship | There was a parental/custodial relationship that could create a duty to control Kristin. | No recognized special relationship applies to this adult, noncustodial context. | No special relationship found. |
| Restatement guidance | Restatement sections 323-24 could inform a duty if applicable. | Restatement provisions do not establish a duty here. | Not persuasive; not adopted for this duty analysis. |
Key Cases Cited
- Estate of Cilley v. Lane, 2009 ME 133 (Me. 2009) (recognizes no duty absent special relationship or custodial context)
- Mikell v. Sch. Admin. Unit #33, 158 N.H.723 (N.H. 2009) (no liability for suicide absent causation or special duty)
- Johnstone v. City of Albuquerque, 145 P.3d 76 (N.M. App. 2006) (special relationships typically involve control and custody)
- Lenoci v. Leonard, 21 A.3d 694 (Vt. 2011) (duty to prevent suicide in custodial contexts is limited to institutions)