This section contains the nature of the case and procedural background.

P and D, a police officer, began to live together at D's house. D stored his handgun, loaded and unlocked, in his bedroom in a duffle bag or a bureau drawer. The handgun was not equipped with a trigger lock. D was aware of the fact that P knew where he kept his handgun. He was also aware of the fact that D was receiving ongoing and active treatment for substance abuse and depression. D noticed that recent changes in her medication caused her to experience depression, feelings of isolation, and fatigue. D denied having any knowledge of previous suicide attempts by P. D denied ever handing his gun to P, when she was discussing suicide, so she could go outside and not make a mess in the house. P took the gun and went outside; she did not shoot herself. When she went back into the house, D allegedly informed her that the gun was unloaded. At a later time, P also said she told D she hated life and wanted to die. On a subsequent night, P left to attend an Alcoholics Anonymous meeting. She purchased and smoked crack cocaine on the way to the meeting, and stopped at a cocktail lounge where she drank two 'White Russian' cocktails on her way back from the meeting. After arriving home, P began doing light household chores while drinking vodka mixed with lemonade. When D awoke, they argued, and D ordered P to move out of the house. While packing, P removed the handgun, and eventually aimed the gun at a window and pulled the trigger twice. The gun did not fire. D jumped from the sofa, and P ran back up the stairs with D in pursuit. P put the gun beneath her chin and pulled the trigger. This time the gun fired. A bullet entered her chin and exited from her right cheek. P tested positive for cocaine and had a blood-alcohol level of .165. P sued D for negligence. The court ruled that P's injuries were deliberately self-inflicted and that her independent act of shooting herself was a superseding cause of her injuries. The court granted summary judgment and P appealed.

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