Mr. Anderson and Ms. Davies were roommates. They shared an apartment in Omaha and had very different lifestyles. Mr. Anderson was a US Marshall. Ms. Davies was going to design school and working part time as reality TV star. She would fly to New York to star in the show and then return to Omaha on the weekends several months a year. She wanted to stay with Mr. Anderson because she was trying to stop her drug use and she thought that he provided a “normal” life. She drank a lot and had occasional bouts with depression. Mr. Anderson cared for Ms. Davies and knew of her drug and alcohol use. She told him that she had previously been treated for depression and attempted suicide. She was an “arm charm” when he took her out and he thought she brought excitement to his life. a Mr. Anderson had an arsenal of weapons that he needed for his job. He kept many of them in a spare room next to the main bedroom on the second level of their duplex apartment. Ms. Davies knew where he kept his weapons. On her way to an AA meeting one weekend, Ms. Davies stopped to get some cocaine and a few cocktails. After the meeting, she came back to the apartment and had a few more cocktails. Mr. Anderson was in the den watching television. When he saw that she was drugged out, he told her that he was leaving her, and would pack and go to a hotel. Before he could stand up, Ms. Davies ran upstairs and got one of his guns. She managed to get the safety off and shot herself through the cheek and left ear. Due to being drunk, she did not shoot straight and failed to kill herself Ms. Davies recovered and decided to sue Mr. Anderson for negligence, claiming that he knew she had suicidal tendencies yet he kept his guns in a place where she could get to them. The lower court dismissed her case and she is appealing. How will the appeals court decide? What will the court discuss in coming to its decision?

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