Mother Not Liable for Son's Actions Under Restatement (Second) of Torts

Representing the mother of a mentally ill individual who went on a shooting spree at a psychiatric institute in Pittsburgh, the defense prevailed on preliminary objections in the nature of a demurrer in her favor. The shooting incident resulted in one death and personal injuries to several others and received a great deal of media attention. The plaintiffs claimed the shooter's mother should be liable because she "took charge" of her adult son and voluntarily assumed a duty to control him. The defense argued that the mother had no duty to control her adult son under the Restatement (Second) of Torts Sections 319 and 324A.  In a 26-page opinion dismissing all claims against the mother, Judge Wettick of the Allegheny County Court of Common Pleas held that "tort law does not impose a duty on a parent of an adult child to control the conduct of that child so as to prevent the child from causing physical harm to another."