Estate of Cilley v. Lane
Maine Supreme Court
985 A.2d 481 (2009)
After Jennifer Lane (defendant) told Joshua Cilley they needed a break in their on-and-off relationship, Cilley showed up uninvited at her trailer; when Lane told him to leave and he refused, Cilley retrieved a rifle and, after Lane heard a pop while heading for the door, she went to a nearby friend's trailer claiming Cilley was just faking a suicide attempt. Her friends, upon finding Cilley genuinely wounded and dying, called 911, but Cilley died from a self-inflicted gunshot; his treating physician stated he could have survived with treatment 5-10 minutes sooner. Cilley's estate (plaintiff) sued Lane for negligent failure to assist; the trial court granted Lane summary judgment, finding Cilley had become a trespasser once told to leave, and Lane owed him no rescue duty absent a special relationship.
Whether a duty to rescue or call emergency aid arises absent a special relationship between the parties or conduct by the defendant that endangered the injured person.