VOLPE v. GALLAGHER

No. 2001-463-Appeal.

821 A.2d 699 (2003)

Raymond VOLPE et al. v. James Andrew GALLAGHER et al.

Supreme Court of Rhode Island.

May 12, 2003.


Attorney(s) appearing for the Case

Stephen A. Rodio, Providence, Karen Lewis Davidson, for plaintiff.

Ralph DellaRosa, East Providence, for Defendant.

Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, and SHEA (Ret.) JJ.


OPINION

FLANDERS, Justice.

"Who knew?" In essence, that was the defense to the charge of negligence in this lawsuit. The plaintiffs, Raymond Volpe and Joyce Almonte, accused the homeowner-defendant, Sara Gallagher (defendant), of negligently allowing her adult son, James Andrew Gallagher (Gallagher), who was mentally ill, to keep guns and ammunition on her property. On July 3, 1994, Gallagher misused these firearms to shoot and kill Ronald Volpe (victim...

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