Estate Of Cilley v. Lan

985 A.2d 481 (2009)

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Nature of the Case

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Facts

P and D began a romantic relationship that continued over the next year and one-half. D told P that they needed to take some time off from their relationship, but that they would still be friends. During the late afternoon of the next day, January 31, 2005, D was drinking beer and eating pizza with two friends who lived near her at a trailer park. D left her friend's trailer and walked a short distance to her own trailer to call her daughter. Approximately five minutes after D reached her home, P arrived and entered. D told him to leave; P refused and initially blocked D's attempt to exit the trailer. P brought or obtained a rifle already in the trailer. Whether P brought the rifle inside or grabbed it from inside D's trailer, it is undisputed what happened next. D walked out of her trailer. As she was doing so, she heard a loud pop, which she later described as sounding like a firecracker. D looked back, and saw P fall to the floor. She then heard him say that 'it was an accident' and 'it was not supposed to happen.' D, who did not see any blood, did not investigate or attempt to assess whether P was injured. She returned to her friend's trailer and told her two friends that P had pretended to shoot himself inside her trailer. D's friends went to investigate and called 911. D died as a result of a single gunshot wound to his abdomen from a .22 caliber bullet. According to the physician who treated him, P could have been resuscitated if he had arrived at the hospital five to ten minutes earlier. P sued D for battery, negligence, negligent failure to assist, and conscious pain and suffering. D filed a counterclaim seeking damages for negligent infliction of emotional distress and malicious prosecution. Eventually, P dismissed the counts for battery and negligence and D filed for summary judgment on the remaining counts of negligent failure to assist and conscious pain and suffering. The court granted the motion and P appealed. The court reasoned P was a trespasser and D owed him no duty.