Barker v. Kallish

468 N.E.2d 39 (1984)

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Nature of the Case

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Facts

P, and two companions, Ayman and Anas Kallash, made a 'pipe bomb'. P was nearly 15 years old and the Kallash brothers were 14 and 15, respectively. They filled a metal pipe with gunpowder. P obtained the pipe from his father's home workshop where he also found the caps to seal it and a power drill he used to make a hole for the fuse. The Kallash brothers extracted the gunpowder from firecrackers. They had purchased firecrackers from Daniel Melucci, Jr. (D), who was not quite nine years old. P testified that he had told the Kallash brothers where the firecrackers could be purchased. As P was screwing the second cap on to the pipe it exploded, severely injuring his hands. P sued the Kallash brothers for their part in constructing the bomb, and Daniel Melucci, Jr., for allegedly selling the firecrackers to the Kallashes, and against Robert Judge, another infant, who allegedly sold the firecrackers to Melucci. P also sued the parents for negligent supervision. Ds moved for summary judgment in that P is barred from recovering for injuries sustained while engaged in wrongful or illegal conduct. The motion was granted. The Kallashes moved to dismiss on the same ground. The Court of Appeals affirmed. P appealed.