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Martin v. Schroeder2/9/2005
Appellant David Martin challenges the trial court's denial of his motion for summary judgment and grant of appellees Grant and Cathy Schroeder's motion for summary judgment in Martin's personal injury action against the Schroeders. Martin argues the trial court erred by finding that the Schroeders did not owe a common law duty to Martin and had not violated 18 U.S.C. ยง 922(d) when they gave a gun to their adult son, Matt Schroeder. Because the trial court correctly decided these issues, we affirm.
FACTS AND PROCEDURAL BACKGROUND
We view the facts and all reasonable inferences therefrom in the light most favorable to the party opposing summary judgment. Link v. Pima County, 193 Ariz. 336, 12, 972 P.2d 669, 673 (App. 1998). While in high school, Grant and Cathy Schroeders' son, Matt, used marijuana regularly. When the Schroeders discovered his marijuana use, they sent Matt for treatment both in and out of state. Following Matt's completion of drug treatment, the Schroeders continued to monitor him for marijuana use. The Schroeders required Matt to take random urinalysis tests to detect drugs and the tests showed that Matt was no longer using marijuana.
Matt moved out of the Schroeders' home at the age of eighteen, and subsequently married and had a child. Matt then became employed as a security guard. Because he was not yet twenty-one years old and could not legally purchase a handgun from a dealer himself, he asked the Schroeders to purchase a gun for him so he could receive an increase in pay. Cathy Schroeder purchased the gun and gave it to Matt as a present. Despite Matt's use of marijuana in the past, Cathy Schroeder believed that Matt was no longer using marijuana when she purchased the handgun for him. After receiving the handgun, Matt was to receive at least two firearm training sessions, one from the sheriff's department and one from his employer.
Approximately nine months after the Schroeders gave the gun to Matt, Martin and Matt were smoking marijuana together and Matt accidentally shot Martin in the head, injuring him. Martin sued the Schroeders, alleging they were liable for his injuries because they had purchased the gun that was used in the shooting and had given it to Matt, knowing he was a drug abuser. The trial court granted summary judgment in favor of the Schroeders and denied Martin's motion for summary judgment.
NEGLIGENT ENTRUSTMENT
Martin first argues that the trial court erred by denying his motion for summary judgment on the issue of duty. But, generally, the denial of a motion for summary judgment is not appealable, and not subject to review after judgment. Bothell v. Two Point Acres, Inc., 192 Ariz. 313, 7, 965 P.2d 47, 50 (App. 1998). Martin has not asserted any considerations mandating a review of the denial of his motion, and we therefore decline to do so.
Martin next argues that the trial court erred by concluding that the Schroeders did not owe him any common law duty and granting them summary judgment. We review the grant of summary judgment de novo. Link, 193 Ariz. 336, 12, 972 P.2d at 673. We also review the question of duty in a negligence action de novo. Bloxham v. Glock, Inc., 203 Ariz. 271, 6, 53 P.3d 196, 199 (App. 2002).
"The question of duty . . . is whether the relationship of the parties was such that the defendant was under an obligation to use some care to avoid or prevent injury to the plaintiff." Markowitz v. Ariz. Parks Bd., 146 Ariz. 352, 356, 706 P.2d 364, 368 (1985). As a general rule, an individual has no duty to control the acts of another, unless there is a special relationship between the individual and the actor or between t
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