Purtle v. Shelton (1971) (teen accidentally shoots another teen)

a.       Facts- Π and Δ were teenagers. Δ accidentally shot Π while both were hunting. Π brought suit against Δ, but the jury found Π contributorily negligent. Therefore, under the State’s contributory negligence rule, Π recovered nothing. On appeal, Π contended that Trail Ct erred in instructing the jury that “Δ is considered negligent ONLY IF he failed to exercise care that a person his age (teenager) would exercise”

b.      Procedural History- Trial Ct found for Δ, Π appealed, Ct of appeals affirmed

c.       Issue- Whether the standard of care for a minor should be the same as that of an adult, when using a high powered rifle

d.      Holding- No, the standard of care should NOT be the same for a minor as that of an adult, when using a high powered rifle

                                                              i.      Dissent:

1.      Fogleman, J. – Δ was adequately trained to handle such rifle. Further, we should ascribe similar dangers to guns, if not more.

2.      Byrd, J. – Bullet from minor is as lethal as bullet from adult, why is minor entitled to exercise any less care?

e.       Rule- A minor is to be held to an adult standard of care IF he is engaging in (1) dangerous activities and (2) that activity in normally engaged in by adults

f.       Rationale-

                                                              i.      Ct believes that legislature should really decide gun laws, but Ct introduces a slippery slope argument:

1.      If we hold Δ to an adult standard of care, then what about a 6 year old with an air gun? Where would we draw the line?