Plaintiff Christopher Irwin, 16, was visiting friend Bryan Heath at his home. Both of Heath’s parents were at work. Heath called Irwin to come over to see something “cool.” Heath had a World War II M-1 Carbine rifle. Bryan proceeded to load a clip into the rifle, chamber a round, and point it at his friend. Christopher felt uncomfortable, left the room, and began to go down a hallway to the bathroom. As he turned to go into the bathroom, the gun accidentally discharged and hit Christopher in the hip.
Bryan claimed that he had not put a clip in the weapon, that he thought it was unloaded, and that the weapon accidentally fired as he checked to ensure it was not loaded. However, law enforcement officials investigating the accident scene found a live cartridge chambered in the M-1 Carbine, a fact consistent with a clip having been in the weapon at the time it discharged. With a clip in the weapon, it would have automatically chambered a new live round as part of its firing cycle.
Christopher and his parents sued Bryan, Bryan’s parents, Robert Heath and Tracy Heath, and Bryan’s grandfather, Richard Priest. Prior to trial, all claims were settled except for Christopher’s negligent entrustment claim against Priest.
Two years before this incident, a World War II veteran who was a friend of the grandfather gave the M-1 Carbine to Bryan and his younger brother. There was no ammunition for the weapon and Bryan’s father stored it in his closet with instructions to his sons not to touch it without his permission. The day prior to the accident, Priest and Bryan were sorting through the World War II vet’s possessions, which had been given to Priest. Among those possessions, Priest found two loaded clips of ammunition for the rifle. He gave the ammunition to Bryan with instructions to take it home and give it to his father. Bryan testified that he took the ammunition home and put it in his father’s closet, but forgot to tell his father. The next day Bryan’s parents went to work unaware there was ammunition in the home. The accident occurred several hours later.
Priest’s counsel argued there was no negligence in entrusting the ammunition to a responsible 17-year-old to take home to his parents.
Plaintiff’s counsel argued that federal law prohibits people under the age of 18 from purchasing ammunition and Florida law bars them from possession of loaded firearms, except under certain limited circumstances. Those statutes exist to protect minors from their own misjudgments. Plaintiff’s counsel argued that ammunition should not have been entrusted to the minor without first obtaining his parents’ permission or, at a minimum, notifying those parents so that they could take steps to secure the ammunition.
The bullet entered Christopher’s left side, passed through his intestines, and shattered his right hip. He also sustained nerve damage in his hip. He was airlifted to the hospital where 14 inches of his intestines were removed. Open reduction surgery was performed on his right hip. He remained in the hospital for two weeks and was bedridden at home for about two months. He underwent two months of physical therapy and both of his parents took off significant time from work to care for him around the clock.
Prior to the accident, Christopher was a good athlete and played soccer and basketball. Subsequent to the accident he never regained his former physical abilities. Medical testimony established that Christopher will need a hip replacement within the next five years and probably two more hip replacements over the course of his life expectancy.
The jury found Priest to be 40 percent liable. It awarded $1,681,597.91 which was reduced to $1,231,591.91. Before the judgment was entered, the parties settled for $1.2 million.
Christopher Irwin
$931,598 Personal Injury: economic damages
$750,000 Personal Injury: noneconomic damages