PORTLAND, Maine — Justices on the Maine Supreme Judicial Court said during a Tuesday hearing that holding the parents of Kristin Cummings liable for her suicide, which took place in their Norway home after they took her in, would send a dangerous message that Good Samaritans can be sued after trying to help someone in need.
Attorney Edward L. Dilworth III, representing the estate of the 25-year-old Cummings, argued before the state’s highest court Tuesday that parents James and Jadzia Davie are at fault because they left a loaded gun in reach of their reportedly suicidal daughter on the October 2008 day when she used it to kill herself.
The Davies have countered that son-in-law Mitchell Cummings, who initially pursued the lawsuit against the couple on behalf of his two children, was abusive and the gun was for protection from him.
“The parents were afraid that Mitchell Cummings would follow through on his threat to kill Kristin and her entire family if she left him, and she was planning to leave him,” attorney Elizabeth A. Germanti, representing the Davies, told the court Tuesday.
In May 2011, semiretired Maine Supreme Judicial Court Justice Robert Clifford granted summary judgment in Oxford County Superior Court to the Davies, writing in his decision that Mitchell Cummings “has not presented sufficient evidence to demonstrate the existence of any legal duty on the part of the parents giving rise to liability for their competent adult daughter’s tragic suicide.”
Dilworth argued Tuesday before the state’s highest court that Kristin Cummings had been discharged from a local hospital to her parents’ care with the understanding they would provide constant watch over her, in part because she previously had told law enforcement officers she was having suicidal thoughts.
Justice Joseph Jabar questioned Dilworth, saying that the hospital did not issue a blue paper for the woman, a form that officially would have declared her a risk and placed her under supervision.
“The parents did not have custody over her,” Justice Andrew Mead said. “They did not have guardianship over her. She could have gone anywhere she wanted to go.”
Justice Jon Levy questioned the Davies’ sense in leaving their suicidal daughter with access to a loaded firearm, but also acknowledged the precedent that could be set in holding them liable for the incident.
Mead agreed, saying that allowing a successful suit of the parents in this case could scare Good Samaritans from helping friends, family members or acquaintances because they could become legally at fault if their intervention doesn’t ultimately prevent a tragedy.
Dilworth countered that the hospital’s recommendations and the parents’ relationship to Kristin Cummings made her suicide case unique.
“But isn’t the message we’re sending, ‘Never help anyone,’” Mead said Tuesday. “’If I’m even negligent, I’m liable, so you’re on your own, suicidal friend.’ Isn’t that the message we’re sending?”
The court will issue its decision at a later date.
Good news, the courts got one right!
The court hasn’t ruled yet.
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Those who take their own lives are desperate individuals who are so tormented inside that they cannot stand living another day on this earth. They have a mental illness and live their lives in their present mood. For those who pass judgement on a person who has committed suicide by labeling them as being selfish, well… the dynamics of a suicidal mind cannot distinguish the difference. That’s why most individuals who commit suicide HAVE a mental illness.
The article indicates the Supreme Court hasn’t issued a ruling on this yet. Perhaps you should wait until they issue their order before celebrating.
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My 22 yr old son committed suicide almost 12 yrs ago. We had him in and out of psychiatric hospitals for 10 years due to schizoeffective disorder, BPD and delusional disorder. I worked as a mental health advocate for children, teens and adults as a volunteer. I was trained for warm line calls, as well as how to educate about mental illness and psychiatric medications for consumers. I knew suicidal people may not go through with their threats, however, every one had to be taken as real. I also was taught no one can prevent a suicide if the person is truly determined to go through with it. They could be in a 6 point restraint and if they truly wanted to die , would find a way.
Intellectually, I knew I could not prevent my son from dying. I had spent 10 years trying to do that. Emotionally, I was devastated and kept wondering what did I miss? What could have been differently? I stopped advocating for many, many years because I kept thinking how could I help anyone else when I could not save my own son. I KNOW without a doubt I could have done absolutely NOTHING to prevent him from dying. I tried for 3 days before he did it. He did not return messages left at his home nor his work, avoided phone calls from all of us and told people he was going to be out of town. His mind was made up and there was no changing it.
I have finally reconciled my grief and emotions.
Thank goodness this family is not being held responsible, it is utterly ridiculous to think they could have stopped her. If it had not been the gun, the girl would have done something else just as deadly. Suicide is a permanent solution to a temporary problem. Sometimes, it is just hard for the person to believe that because their pain IS so great or their illness is so devastating to them.
May this family be blessed, given some relief and peace of mind. You are not alone. I walked your path before you. I am sending MUCH light, love, hope and peace your way.
Thank you to the Justices on the Maine Supreme Judicial Court. Thank you and be blessed as well for your empathy, compassion and intellect.
Namaste!
God bless you.
Thank you and may you be doubly blessed in return!
The movie “To Save a Life” is going to be shown at 4pm January 22nd at Grace Bible Fellowship in Rockland in order to prevent some of these unnecessary deaths from happening.
The courts need to know the difference between Murder and Suicide. They did not muder there child. There daughter is the one that pulled the trigger and used this gun. How many children have been accidently been shot with a loaded handgun? If your going to make this a crime you go after all those parents that had children killed cause of a loaded handgun in the home.
Just when my believe in the justice system dwindles. A story of Judges like this. Who seem to have common sense and a little compassion, restores my confidence a little. May her family finally begin the healing process.
Disgusting that an attorney would take such a case. Suing the parents of a suicide victim? I guess there is money to be made in anything. If their son-in-law had any sense of honor and sensitivity, he would allow his inlaws to heal from their loss. He would not have abused the mother of his children. Pathetic.