LELITO v. MONROE

Docket No. 270618.

729 N.W.2d 564 (2006)

273 Mich. App. 416

Ardis LELITO, Personal Representative of the Estate of Helen Rich, Deceased, Plaintiff-Appellant, v. Shirley Vernon MONROE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 28, 2006, at 9:05 a.m.

Released for Publication March 14, 2007.


Attorney(s) appearing for the Case

Robert H. Roether, Dearborn Heights, for the plaintiff.

Conlin, McKenney & Philbrick, P.C. (by William M. Sweet), Ann Arbor, for the defendant.

Crowell & Moring, L.L.P. (by Michael J. Goecke, Clifford J. Zatz, Valerie Hinko, and Carrie Fletcher) and Brady Center to Prevent Gun Violence Legal Action Project (by Daniel R. Vice), Washington, D.C., for amici curiae Brady Center to Prevent Gun Violence and Michigan Million Mom March Chapter of the Brady Campaign.

Before: SERVITTO, P.J., and FITZGERALD and TALBOT, JJ.


PER CURIAM.

Plaintiff appeals as of right the trial court's order granting summary disposition in defendant's favor and dismissing plaintiff's complaint. Because we find that an individual gun owner who leaves a weapon in a location accessible to a convicted felon but has no reason to foresee the felon's misuse of the weapon is not civilly liable for the felon's misuse of the weapon, we affirm.

The facts in this matter are straightforward and undisputed. Helen...

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