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Case 10 Volpe v. Gallagher



Identify the Plaintiff(s) in the case.     


Identify the Defendant(s) in the case.     


Are the Plaintiff(s) looking for compensation in the form of money from the Defendant?     


What is the relationship between Mrs. Gallagher and James Gallagher?     


How old was James Gallagher when he committed the criminal act?     


What symptoms of mental illness did James Gallagher suffer from?     


Did a medical physician ever diagnose James Gallagher regarding his mental illness?


What crime(s), if any, was James Gallagher charged with, and how were those criminal charges ultimately decided?


Did Mrs. Gallagher periodically inspect her son’s room for guns or any other weapons?


Did Mrs. Gallagher have a right, as the owner of the property, to inspect her son’s room for weapons, even though he was an adult at the time of the accident?


What were Mrs. Gallagher’s arguments as to why she should not be responsible for the actions of her son?  Be specific.


Did Mrs. Gallagher, as the owner of the property, have a duty to her neighbors to keep her premises safe from dangerous conditions, in this case, her son harboring weapons?  Explain.


Did the Defendant, Mrs. Gallagher, as the owner of the property, know that James Andrew Gallagher had weapons in his room?


Should Mrs. Gallagher, as the owner of the property, have know that her son had dangerous weapons in his room?


Did Mrs. Gallagher know that her son, James, was a dangerous person?  Explain.


Did Mrs. Gallagher breach her duty of care to her neighbors by failing to inspect the premises for dangerous conditions, i.e., guns in her son’s room?  Explain.


Could Mrs. Gallagher control her son’s actions where she could demand he remove the guns from his room?  Explain.


Did the fact that James Gallagher harbored weapons in his room create an unreasonable risk of foreseeable harm to the Volpes/Almontes?  Explain.



Explain your decision

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