bloomfield
03-10-2009, 12:38 PM
A young boy kills his dad and a renter. The boy pleas guilty to negligent homicide of the renter. The dad married about a month earlier, so the boy has a new stepmom.
Does the renter's wife have grounds to sue the stepmom for negligence and wrongful death?
The stepmom has lived with the boy's dad and the boy for about 3 years. The boy killed the two men with his .22. that his dad bought him. The gun and ammo were not locked up. the boy and his dad were avid hunters.
On the record, the dad and the stepmom spoke to their priest about whther the boy should have a gun. The stepmom at that time told the priest the boy should have a bb gun, but the dad got the gun anyway.
The dad had no money, just bills and owed back child support. He had no assets. The estate had no assests. The stepmom owns a home that was in her name prior to their marriage, from money acquired from her parents.
In AZ there are no laws about having guns unlocked in the home. In AZ, the homestead exemption allows for $150K, with the stepmom owning the home valued at about 100k. The stepmom has no assets except the home.
Is there any way the stepmom should be considered negligent and is a suit by the renter's wife valid against the stepmom? Can the stepmom's assets be taken? Is her home protected by the homestead exemption?
A wrongful death suit --would that be filed against the estate of the dad, the boy or the stepmom? Any comments would be appreciated...
My understanding that if a wrongful death suit is filed it has to be done within 2 years for Arizona. Would the homeowner's insurance be required to pay off such a suit?
Does the renter's wife have grounds to sue the stepmom for negligence and wrongful death?
The stepmom has lived with the boy's dad and the boy for about 3 years. The boy killed the two men with his .22. that his dad bought him. The gun and ammo were not locked up. the boy and his dad were avid hunters.
On the record, the dad and the stepmom spoke to their priest about whther the boy should have a gun. The stepmom at that time told the priest the boy should have a bb gun, but the dad got the gun anyway.
The dad had no money, just bills and owed back child support. He had no assets. The estate had no assests. The stepmom owns a home that was in her name prior to their marriage, from money acquired from her parents.
In AZ there are no laws about having guns unlocked in the home. In AZ, the homestead exemption allows for $150K, with the stepmom owning the home valued at about 100k. The stepmom has no assets except the home.
Is there any way the stepmom should be considered negligent and is a suit by the renter's wife valid against the stepmom? Can the stepmom's assets be taken? Is her home protected by the homestead exemption?
A wrongful death suit --would that be filed against the estate of the dad, the boy or the stepmom? Any comments would be appreciated...
My understanding that if a wrongful death suit is filed it has to be done within 2 years for Arizona. Would the homeowner's insurance be required to pay off such a suit?