Hellums v. Raber
Indiana Court of Appeals
853 N.E.2d 143 (Ind. Ct. App. 2006)
Relevant factsFree
Alan Raber (defendant) hunted with his cousin and a friend. Charles Hellums (plaintiff), in a different party wearing orange hats, was in the same area. Raber saw another truck and a person, so knew others were around. Raber's party shot at a deer; then, spotting a second deer, Raber's cousin shot at it (it was unclear if Raber also shot). The plaintiff's party, in that direction, was waving orange hats, and Hellums was injured. The trial court granted Raber summary judgment.
IssueFree
Whether a defendant may be liable for harm to a third party by encouraging another person to engage in conduct the defendant knows constitutes a breach of duty.