The parents of an Oconto Falls youth who fatally shot his friend at an underage drinking party can’t be held civilly liable for the death, a state appeals court ruled Nov. 10.
The District III Court of Appeals opinion upholds Circuit Judge James Morrison’s dismissal of the suit Shawn Dobry’s estate brought against Robert and Sande Walker.
The Dobry estate sued after the Walkers’ son, Jordan, now 22, was convicted of reckless homicide in connection with Dobry’s death in June 2010.
The appeals court agreed with Morrison, who found that the shooting was criminal, not accidental, and therefore excluded from coverage under the homeowners policy Wilson Mutual Insurance Co. issued Robert and Sande Walker.
On appeal, Dobry’s parents, Christopher Dobry and Cynthia Stodghill, argued that the policy only excludes coverage of bodily harm incidents for intentional criminal acts. Since Walker’s conviction was for negligent homicide, and the state did not have to prove intent, the act isn’t considered criminal under the policy’s exclusions.
The Dobrys also argued that it is against public policy to exclude criminal acts that are merely negligent.
The District III Court disagreed.
Todd Korb, attorney for Dobry’s estate, did not return a phone call seeking comment on the decision.
According to a brief filed by Korb, on the night of the shooting, Robert and Sande Walker were out of town. Jordan Walker and Dobry, 19, were sitting around a backyard bonfire with others at the Walker home. Walker was scheduled to leave for U.S. Marine Corps boot camp the next day.
Walker became intoxicated and began playing with his Glock 21 .45 caliber handgun. He removed and reinserted the magazine and “dry fired” the weapon, cocking the hammer back and pulling the trigger without a round chambered.
According to Jordan Walker, the gun exchanged hands several times that night. While Walker played with the gun, Dobry walked up behind him. Walker held the gun over his shoulder, behind his back, toward Dobry. The weapon discharged when it was near Dobry’s head.
Walker was charged with second-degree homicide, but a jury found him guilty of a lesser charge, homicide by negligent handling of a dangerous weapon, and two counts of obstructing justice. He was sentenced in September 2011 to five years in prison to be followed by five years of extended supervision.
Categories
