Sharon Rollins v. Wackenhut Services, Inc.
403 U.S. App. D.C. 215
| D.C. Cir. | 2012Background
- Rollins sued Wackenhut for negligently issuing a gun to Devin Bailey and thereby contributing to his suicide; she also sued ABILIFY manufacturers for strict products liability.
- Bailey had a history of mental illness, was diagnosed with bipolar disorder, and was on antipsychotic medication prescribed by doctors.
- Bailey was employed by Wackenhut as a security guard; a gun was issued to him after background screening and training.
- A background screening report indicated an outstanding arrest warrant; Bailey’s military service record was not reviewed by Wackenhut.
- Bailey shot himself with the work-issued gun on December 9, 2008, while on duty at Walter Reed Army Medical Center, at age 23.
- The district court dismissed Wackenhut for failure to state a claim and granted the pharma defendants judgment on the pleadings; Rollins appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rollins may recover for suicide under DC law against a third party who gave a firearm? | Rollins argues special relationship/gross negligence liability exists. | Wackenhut contends suicide is generally an intervening act barring liability. | No liability under the general rule; suicide precludes negligence liability. |
| Whether certification to DC Court of Appeals was appropriate for potential new exceptions? | DC Court of Appeals might adopt other exceptions to Peters. | Certification unwarranted; no controlling precedent and option exists to dismiss. | Certification not appropriate. |
| Whether Rollins plausibly pleaded a strict products-liability claim against ABILIFY manufacturers under 402A? | Complaint alleged defective condition from manufacturing/distribution and warnings. | Complaint failed to specify defect category and plausibility under Iqbal/Twombly. | Dismissal affirmed; no plausible 402A claim. |
| Whether denial of leave to amend was proper? | Should be granted leave to cure pleading deficiencies. | Amendment would be futile given the allegations and law. | Leave to amend denied; dismissal with prejudice appropriate. |
Key Cases Cited
- Grillo v. National Bank of Washington, 540 A.2d 743 (D.C.1988) (suicide generally not recoverable in negligence actions)
- District of Columbia v. Peters, 527 A.2d 1269 (D.C.1987) (irresistible impulse exception to suicide rule; limits on liability)
- WMATA v. Johnson, 726 A.2d 172 (D.C.1999) (en banc, last clear chance and custodial-care exceptions discussed)
- Johnson v. Wal-Mart Stores, Inc., 588 F.3d 439 (7th Cir.2009) (post-Peters, firearms-negligence liability generally rejected)
- Knight v. Wal-Mart Stores, Inc., 889 F.Supp. 1532 (S.D.Ga.1995) (additional authorities suggesting exceptions not adopted)
- Crown v. Raymond, 159 Ariz. 87, 764 P.2d 1146 (Ariz.Ct.App.1988) (discussion of exceptions to suicide-rule in some jurisdictions)
- McLaughlin v. Sullivan, 123 N.H.335, 461 A.2d 123 (N.H.1983) (special-relationship/medical-training concept in suicidality contexts)