News

Mar 29, 2024

Negligence case dismissed in death of boy

BURLINGTON — A federal judge has dismissed a negligence lawsuit filed in part against an insurance company by the parents of a 3-year-old Maine boy who fatally shot himself while visiting the home in

BURLINGTON — A federal judge has dismissed a negligence lawsuit filed in part against an insurance company by the parents of a 3-year-old Maine boy who fatally shot himself while visiting the home in Barre Town two years ago.

U.S. District Court Judge Christina Reiss ruled there is not enough evidence at this time for the lawsuit to proceed against Post Insurance & Financial Inc. of Port St. Lucie, Florida.

Still pending are negligence claims against Rebecca Post, 48, of Barre Town, the homeowner on Beckley Hill Road where the shooting occurred.

Peter D. Bunce, 3, of Saco, Maine, found an unsecured handgun at the home and shot himself in the head while left unattended on June 26, 2021, the lawsuit maintains.

Gregory H. Bunce filed the lawsuit in federal court in Vermont on Oct. 31, 2022, as the boy’s father and the personal representative of the estate, while the boy’s mother, Evelyn H. Bunce also filed as a plaintiff individually in the lawsuit. Post, individually, and Post Insurance & Financial Inc. were named as defendants.

The Bunces filed a separate lawsuit against Glock on June 23 claiming the poor design of the gun made it easy for the fatal shooting to have occurred.

Post, who is listed as a vice president of operations on the insurance company website, maintains an office in her Barre home, the initial lawsuit notes.

Greg Bunce drove his two children, Peter, 3, and Ellie, 7, from Maine to Barre on June 25, 2021. Post had been dating Kenneth Bunce, of Barre City, a brother to Greg, the lawsuit stated.

The three visitors spent an overnight at the Post home along with Ken Bunce, the lawsuit said. The shooting happened in the morning. The lawsuit states it happened about 10 a.m., but Barre Town Police said it was reported about 11:21 a.m.

Burlington lawyer Susan J. Flynn, who represents Post Insurance, maintained the company did not belong in the initial lawsuit, and asked for it to be dismissed in January.

Flynn said there was no evidence that the insurance company owned the home, and the plaintiffs had actually made clear in the lawsuit that Rebecca Post owned it. Flynn, in court papers also noted the Bunces never claimed they were at the home to conduct insurance business.

Flynn also said the insurance company did not own either handgun found at the scene, and had no knowledge where Rebecca Post might keep her handguns.

Reiss, in a nine-page written decision, stated Post Insurance cannot be held liable at this time based on the filings and arguments.

However, the judge left the door open to have the Bunces amend their lawsuit now, or after they do more discovery about the facts in the case.

Reiss said the plaintiffs failed to “plausibly allege that Ms. Post’s storing of loaded unsecured firearms in her bedroom was conduct within the scope of her employment with Post Insurance,” or that there was any special relationship.

The judge noted Post Insurance maintained there was no way to “impose a legal duty on it to control Ms. Post while she acted outside the scope of her employment and entertained social guests in her own home.”

Portland, Maine, lawyer Mark V. Franco, who represents the Bunces, did not respond to a phone message seeking comment.

Post kept two loaded pistols in her bedroom: a Glock 9-mm and a Taurus .380-caliber, the lawsuit stated. It said the guns were kept in soft, unlocked cases in or around Post’s bedside table.

“At no time did Rebecca take any steps to secure the two loaded, unsecured pistols in the master bedroom, despite the presence of small children in the house,” it said. At no time did Post inform Greg Bunce that the house had firearms, the lawsuit maintains.

Barre Town Police investigated the unpublicized shooting, and then-Washington County State’s Attorney Rory Thibault declined to file charges in the case.

Thibault, who is now a judge, told Barre Town Police in a letter Aug. 13, 2021, that he believed there was no way to make a criminal offense out of the death based on the known evidence. There was no criminal intent, he said.

Sgt. Paul Thayer said Post reported she owned the two handguns for protection and that she lived alone.

Peter Bunce found the 9-mm gun with a 10-round magazine inside a drawer in a bedside table and removed the firearm from a soft case, Thayer reported.

A loaded .380 Taurus also was found in a second soft case in the lower drawer of the table, police said. There was a second soft case with only a fully loaded Glock magazine, Thayer said.

The child died instantly, and the shooting was ruled an accident by Dr. Stephen Shapiro, Vermont’s chief medical examiner.

Barre Town Police said it was told the purpose of the visit to Vermont was for Ellie to head to a nearby stable for a summer riding camp.

Rebecca Post and Ellie Bunce went shopping the day of the shooting, while Greg, Ken and Peter Bunce prepared to visit Ken’s house, the lawsuit said.

The child found the pistols in the bedside table and accidentally discharged one of them into his head in the second-floor bedroom, the lawsuit said.

Thayer asked Saco (Maine) Police to assist with the death notification to the boy’s mother, who was self-employed and at home with their other two children, police said.

The lawsuit claims general negligence, negligent possession and storage of a loaded firearm, premises liability, negligent infliction of emotional distress, negligent failure to warn and negligent supervision.

The plaintiffs filed the lawsuit seeking unspecified punitive damages against Post, individually, and Post Insurance.

The lawsuit said Post Insurance and Financial is based in Port St. Lucie, Florida, and was founded in 1979 by Bob Post, father of the defendant. Rebecca’s older sister, Kathy, is now listed as owner on the website.