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O'Neal v. Remington Arms Company, LLC

No. Civ. 11-4182 (2014)
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O'Neal v. Remington Arms Company, LLC

United States District Court for the District of South Dakota
No. Civ. 11-4182 (2014)

Facts

Lanny O’Neal was deer hunting with a group of friends when he loaned his friend, Mark Ritter, his Remington Model-700 rifle to use during the excursion. The group came across a deer that Ritter desired to shoot. When he moved the safety from the on position to the off position, the rifle discharged and killed Lanny. Carol O’Neal (plaintiff), as personal representative of her deceased husband’s estate, brought suit against Remington Arms Company, LLC (defendant), alleging, among other things, product-defect strict liability. O’Neal argued that the rifle was defective and that the defect was the reason the rifle discharged, causing the death of her husband. O’Neal filed a motion for partial summary judgment on the issue of product defect, asserting that issue preclusion applied. Remington filed a motion for summary judgment on all of O’Neal’s claims.

Rule of Law

Issue

Holding and Reasoning (Schreier, J.)

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