Montague v. Hundred Acre Homestead, LLCAnnotate this Case
Plaintiff Darryl Montague sued Hundred Acre Homestead, a therapeutic residential community, after a resident of Hundred Acre shot him at the shooting range he owned. He invoked two theories of liability: (1) that as the resident’s mental-health provider, Hundred Acre breached a duty to take reasonable steps to protect him from the resident by warning him of the danger she posed; and (2) Hundred Acre breached a duty to him by accepting and retaining the resident for care in violation of applicable Vermont regulations. Montague appealed the superior court’s dismissal of both. The issue this case presented for the Vermont Supreme Court's review reduced to whether one who provides residential care for an individual had a tort-law duty to warn a potential victim of violence by that individual when that potential victim is neither individually identified or identifiable, nor a member of a discrete identified or identifiable class of potential victims. The Court concluded both theories of negligence failed because neither established that Hundred Acre had a cognizable legal duty to protect Montague enforceable through a private tort action.