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Hellums v. Raber

853 N.E.2d 143 (2006)

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Hellums v. Raber

Indiana Court of Appeals

853 N.E.2d 143 (2006)

Facts

Alan Raber (defendant) was hunting deer with his cousin and a friend. Charles Hellums (plaintiff) was in the same area with a different hunting party, wearing orange hats. Raber saw another truck parked on the property and a person from Hellums’s party. Raber assumed there were other people hunting in the area. Later, Raber’s party spotted a deer and all three members of his party shot at it. The party moved forward to see if they had hit the deer. At this point, the party spotted another deer, and Raber’s cousin shot at it. Raber may have also shot at the second deer. Hellums’s party was in the same direction from Raber’s party as the deer. Hellum’s party attempted to get their attention by waving their hats, but Raber’s party did not notice them. One of the bullets from Raber’s cousin’s gun hit Hellums. Hellums sued all three members of Raber’s party. Raber moved for summary judgment, arguing that Raber did not cause Hellums injury because the bullet that hit Hellums did not come from Raber’s gun. The trial court granted the motion, and Hellums appealed.

Rule of Law

Issue

Holding and Reasoning (Crone, J.)

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