Burns v. SamAnnotate this Case
The Supreme Court affirmed the district court's grant of summary judgment in favor of Defendants in this wrongful death action, holding that Defendants did not owe a common law duty to Tyler Burns, who was killed by a gun stolen from Defendants' home.
Tyler Burns was fatally shot by Phillip Sam. Plaintiffs, as personal representatives of Tyler's estate, brought this wrongful death action alleged that Phillip's mother, Dora Sam, and her boyfriend, Roger Davis, (collectively, Defendants) negligently stored the handgun used to kill Tyler. The district court granted summary judgment to Defendants, finding no common law duty. The Supreme Court affirmed, holding that there was no duty upon which a negligence claim may be based.