Rollins v. Wackenhut Services, Inc.
2011 U.S. Dist. LEXIS 88307
D.D.C.2011Background
- Bailey, a security guard with mental illness, died by suicide while employed by Wackenhut, following recent antipsychotic treatment.
- Bailey had a history of bipolar disorder and was prescribed Abilify and Fluphenazine; FDA labeling warned of suicidality risks in young adults.
- Rollins, Bailey’s mother, sues Wackenhut, Otsuka America, and Bristol-Myers Squibb for wrongful death and survival damages; Wackenhut faces punitive damages claims.
- Bailey was issued a firearm by Wackenhut after background checks and court-dispositive information allegedly not properly followed up.
- DCWCA is asserted as exclusive remedy for work-related injuries; plaintiff contends Bailey’s suicide falls within an exception to coverage.
- Court dismisses all claims: Wackenhut’s dismissal based on DCWCA exclusion; pharmaceutical defendants dismissed under Rule 12(c) for failure to plead a viable product-liability claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCWCA exclusive remedy applies | Suicide falls under DCWCA exception for intoxication or willful intent. | Bailey’s death may not be solely the willful act; substantial question as to DCWCA coverage. | No substantial question; court retains jurisdiction and Bailey’s suicide not covered by DCWCA. |
| Whether plaintiff states a negligent wrongful death claim against Wackenhut | Wackenhut’s negligence in background checks and firearm provision contributed to death. | Suicide is intervening; cannot recover under DC law; limitations on duty and causation. | Dismissed; suicide intervening, no liability under DC law. |
| Whether pharma defendants state a cognizable product liability claim | Abilify caused or contributed to suicidality; product defect or failure to warn. | Plaintiff fails to plead manufacturing defect, design defect, or failure to warn with specific facts. | Dismissed; no plausible §402A defect claim; failure to plead with specificity. |
Key Cases Cited
- Peters v. District of Columbia, 527 A.2d 1269 (D.C. 1987) (suicide generally bars negligence claims against others)
- Warner Fruehauf Trailer Co. v. Boston, 654 A.2d 1272 (D.C. 1995) (defects under 402A and design/manufacturing tests for unreasonably dangerous products)
- Johnson v. Wal-Mart Stores, Inc., 726 A.2d 172 (D.C. 1999) (custodial duty in certain suicide prevention contexts)
- Grillo v. Nat'l Bank of Washington, 540 A.2d 743 (D.C. 1988) (substantial question doctrine in workers' compensation context)
- Place v. District of Columbia, 892 A.2d 1108 (D.C. 2006) (statutory interpretation and plain meaning considerations)