On December 14, 1993, Chadd Davis shot his friend, Steven Fitzgerald, three times in the head with a .22-caliber revolver which Chadd had taken from under the mattress of his parents' bed. West American had issued an HO policy to Chadd's parents, Claude L. Davis and Y. Jean Davis. Steven's mother filed suit against Chadd's parents, who then requested West American to defend them. West American denied liability.

In his signed statement made to the police shortly after the shooting, Chadd maintained that he had "bumped into" Steven while they were practicing dance steps in the kitchen, and the gun "went off." He said Steven fell and he attempted to stop the bleeding with paper towels, but he then shot Steven two more times in the head. When Chadd's 11-year-old brother came home from school, he saw Steven's body on the kitchen floor and wanted Chadd to call the police. Chadd claimed he was too scared to do that, and he enlisted his brother's help in hiding the body on the back porch. The next day, Chadd told a school friend that he had argued with Steven because Steven had stolen his hair clippers, and then had shot him because he thought Steven was going to punch him. The friend helped Chadd put the body in the trunk of Mr. Davis's car and dump it at an undeveloped industrial park. Chadd removed Steven's watch and gave it to the friend for helping him. Chadd was subsequently convicted of murder.

West American denied liability since its policy excluded coverage for "bodily injury which is expected or intended by the insured."

Steven's mother maintained that the trial court erred in granting judgment in favor of Chadd's parents; that they were negligent in allowing Chadd access to the gun and in failing to supervise him so as to prevent him from handling the gun. The evidence showed that while Chadd had been having behavioral problems, his conduct was not enough to put his parents on notice that Chadd would likely shoot another; that the parents did not know that because of Chadd's age, judgment, or experience, the gun could become a source of danger to others.

The judgment entered in the trial court holding West American and Chadd's parents not liable for Steven's death was affirmed.

Nearor, Admr., Appellant, v. Davis et al.--Court of Appeals of Ohio, First District, Hamilton County--March 19, 1997--Discretionary appeal to the Supreme Court of Ohio was not allowed--694 North Eastern Reporter 2d 120.