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91
C
ASE: 12
ISSUE BEFORE THE COURT
Whether the Defendant Gallagher, as a landowner, owed a duty to her
neighbors, Plaintiffs Volpe and Almonte, to prevent her mentally ill son,
a licensee, from conducting himself on her property in a manner that
created an unreasonable risk of bodily harm to her neighbor.
THE FACTS
You Be the Judge!
You Be the Judge!
A licensee is a person
who is on the property
of another (with
permission), despite the
fact that the property
is not open to the
general public.
"Who knew? In essence, that was the defense to the charge of
negligence in this lawsuit." e Plainti s, Raymond Volpe and Joyce
Almonte, accused the homeowner, Defendant Mrs. Sara Gallagher, of
negligently allowing her mentally ill adult son, James Andrew Galla-
gher, to keep guns and ammunition on her property.
On July 3, 1994, the date of the murder--James Andrew Galla-
gher, 34 years old, lived with his mother, Mrs. Gallagher, in her small
North Providence, Rhode Island, ranch house. James, who had no
job and no friends, su ered from hallucinations, imaginary conversa-
tions, and paranoia. James spent long hours by himself in his bed-
room located in the basement of Mrs. Gallagher's home.
In this basement bedroom, James kept a shotgun, a pistol, boxes of
ammunition, and related gun paraphernalia. On the date in question,
for no known reason, James suddenly emerged from the basement of
the Defendant's home with his loaded shotgun in hand and shot his
neighbor, Ronald Volpe, three times while the victim was trimming
the hedges between their two houses.
A er discharging the shotgun three times into Volpe's head and
body, James returned, shotgun in hand, to his basement leaving the
victim's dead body facedown in the hedges.
A er hearing the gunshots, Mrs. Gallagher stood at her side
door as James brushed by her on his way back down to the basement.
James admitted to her that he had just shot the victim.
inking that her son just might be hallucinating again, but trou-
bled by the " reworks" she had heard, Mrs. Gallagher called her two
daughters who lived nearby and asked them to come over to the house
right away. ey did so and quickly enlisted the help of a neighbor.
For Evaluation Purposes Only