Courts reinstate case against family whose son with Asperger's killed two

From the Orange County Register:

SANTA ANA, Calif. – An appeals court has reinstated a civil lawsuit against the family of a man with Asperger’s syndrome who shot and killed his friend’s father and sister before turning the gun on himself.

Brandon Smith was a friend of William Freund who acted as Freund’s “protector” during middle school, according to an opinion issued June 9 by a three-justice panel of the 4th District Court of Appeals.

The tragedy unfolded in October 2005.

Smith was driving home Oct. 22 when he spotted Freund, then 19, and his parents outside their home, according to court papers.

Smith stopped to talk to them, “saying that (William) was acting a little weird,’’ according to the ruling.

Seven days later, on Oct. 29, the killings occurred. Freund, who had bought a shotgun, went to Smith’s house in Aliso Viejo and killed Smith’s father and sister.

Freund then went to his parents’ home, where he lived, and shot and killed himself.

Brandon Smith and his mother, Denise Smith, later sued Freund’s parents – Karen and Dennis – alleging wrongful death due to negligent supervision. That claim, though, was thrown out by Superior Court Judge Geoffrey Glass, who determined that the Freunds were not responsible for the actions of their adult son.

But in its ruling, the appeals panel decided Glass should have first considered possible depositions of William Freund’s doctors – who may have revealed evidence on his parents’ knowledge about their son’s potential proclivity for violence – before granting the Freunds' motion for summary judgment.

“In short, we cannot say that, regardless of anything plaintiffs could have learned by deposing William’s doctors, defendants would still have no duty to supervise William,’’ wrote Justice Raymond Ikola in the opinion.

The panel ordered that Glass’s decision be overturned. The justices said Glass should grant Brandon and Denise Smith time to depose two of William’s doctors as part of the case.