REBECCA C. NORMAN, AS ADMINISTRATOR OF THE ESTATE OF DOUGLAS GREGORY NUELLE v. JOSEPH BUCCINA
A24A1493
Ga. Ct. App.Mar 11, 2025Background
- Plaintiffs Joseph and Kimberly Buccina sued Douglas Gregory Nuelle for negligence and wrongful death after their daughter, Alexis Buccina, died from a drug overdose in 2019.
- Buccina was found unresponsive in Dunn's apartment after using illegal drugs; Nuelle (a guest there) attempted to assess her condition and moved her (with others) to her own apartment and left her with a friend (Citizen) to monitor her.
- Nuelle did not call 911, instructing Citizen to call if "anything changes or you just get scared." Buccina was later found by her father, unresponsive, and died after being hospitalized.
- Plaintiffs argued that Nuelle's actions delayed medical care, increasing risk of death, and that he assumed a duty of care by intervening.
- Trial court denied Nuelle’s motion for summary judgment, finding genuine issues of material fact.
- On interlocutory appeal, the question was whether Nuelle owed a legal duty to Buccina under the facts presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to Render Aid | Nuelle assumed a duty by helping Buccina and moving her; jury question whether duty arose | No duty exists absent causing peril or special relationship; no independent duty here | No duty owed—Nuelle did not cause peril or assume a duty |
| Voluntary Undertaking | Nuelle’s actions (moving Buccina, not calling 911) triggered a duty due to voluntary undertaking | Actions neither increased risk nor created reliance; no duty triggered by mere intervention | No evidence of increased risk or reliance; doctrine not met |
| Increased Risk of Harm | Moving Buccina and not calling 911 left her in a worse position, increasing risk of harm from overdose | No evidence she was worsened by actions; was made more accessible, left with supervision | No increased risk; moving her did not worsen situation |
| Nonfeasance Liability | Failure to call 911 breached duty, preventing rescue and leading to death | No statutory or common law duty to act; nonfeasance not actionable here | Failure to act not actionable; no breach of any duty |
Key Cases Cited
- Rasnick v. Krishna Hospitality, Inc., 289 Ga. 565 (Ga. 2011) (Threshold requirement for negligence is existence of a legal duty)
- Herrington v. Gaulden, 294 Ga. 285 (Ga. 2013) (Voluntary undertaking doctrine applies only if the actor increases risk of harm)
- Grandma’s Biscuits v. Baisden, 192 Ga. App. 816 (Ga. Ct. App. 1989) (Liability under voluntary undertaking requires detrimental reliance or increased risk)
- City of Douglasville v. Queen, 270 Ga. 770 (Ga. 1999) (Generally no duty to rescue someone from peril that defendant did not cause)