Parents Held Not Liable for Murders by Autistic Son

[Guest guest]

http://www.metnews.com/articles/2011/freu020311.htm

Metropolitan News-Enterprise

Thursday, February 3, 2011

Parents Held Not Liable for Murders by Autistic Son

By a MetNews Staff Writer

The Fourth District Court of Appeal yesterday ruled that the parents of an

autistic 19-year old could not be held liable to the family of two people their

son killed before committing suicide.

Div. Three concluded Freund's actions were unforeseeable to his parents,

so and Dennis Freund had no duty to prevent him from hurting others.

Freund suffered Asperger's Syndrome, an autism spectrum disorder that is

characterized by significant difficulties in social interaction. In 2005, he

fatally shot the sister and father of his friend, , before

returning home and taking his own life.

and his mother sued the Freunds for wrongful death, asserting they had

negligently supervised their son. According to the complaint, the Freunds knew

the medications their son was prescribed could cause " changes " in his behavior

and contribute to " thoughts of hurting oneself or others. "

The Freunds were also allegedly warned by doctors to closely monitor and

supervise their son and " had actual knowledge that had acted violently

in the past, " because their son had once punched his father for interfering with

a videogame and slapped a classmate.

Orange Superior Court Judge Geoffrey T. Glass granted the Freunds' motion for

summary judgment, finding they owed no duty of care to third parties to control

their adult son's actions.

Justice J. Ikola, who wrote for the appellate court, agreed, reasoning

that " [t]he only inference the evidence reasonably supports is that defendants

could not foresee 's violent acts because they knew of no propensity or

intention of to harm third parties (as opposed to himself or his

parents). "

Ikola noted testimony from Freund's treating physicians about the

absence of any substantial correlation between Asperger's Syndrome and physical

hostility toward others, and that the medications could cause " suicidal thinking

in some patients, " but not " homicidal propensities. "

The justice also acknowledged evidence of Freund's aggressive conduct

toward his parents, but emphasized the record contained only one instance in

which he acted in anger toward another person, and he had only lashed out in

self-defense after having been struck first.

Ikola further reasoned the evidence of alterations in Freund's

personality shortly before the shootings " may have created a foreseeable risk

that might physically attack his parents (on whom he blamed his

problems) or hurt himself, the behavior provided no forewarning that

might shoot and kill the father and sister of his only friend, or any other

third party. "

To impose a duty of care on defendants, Ikola suggested, " could cause greater

harm in future cases by encouraging parents to disassociate from their adult

children with chronic serious problems, " emphasizing " [d]efendants cannot be

morally blamed for trying to help their son, rather than abandon him. "

Justices Kathleen O'Leary and D. Fybel joined Ikola in his decision.

The case is v. Freund, G043486.

Copyright 2011, Metropolitan News Company