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Torts Keyed to Duncan
Hellums v. Raber
Citation:853 N.E.2d 143 (Ind. App. 2006)
Alan Raber (defendant) was hunting deer with his cousin and a friend in the same area as a different hunting party, including Charles Hellums (plaintiff). The defendant and his group had seen the plaintiff’s truck parked on the property, and the plaintiff and his group waved their orange hats at the defendant in an attempt to be seen. Nevertheless, the defendant’s cousin shot at a deer and one of the bullets hit the plaintiff. Though the defendant also shot towards the deer, everyone agrees that his bullet did not hit the plaintiff. The plaintiff sued the defendant, his cousin, and his friend for negligently failing to notice the plaintiff and his party before shooting at the deer. The defendant moved for summary judgment, arguing that he had not caused the injury because it was not a bullet from his gun that had hit the plaintiff.
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