Lussier v. Bessette
Vermont Supreme Court
16 A.3d 580 (2010)
While Viens acted as a stationary "sitter" awaiting game driven toward him by fellow hunters acting as "pushers" (defendants), he accidentally shot and killed a farmer visible only to him at 240 yards; the pushers could not see Viens, didn't know he lacked a hunting license (though they knew he'd passed a safety course), and had no knowledge he was unsafely handling his rifle at the moment of the shooting. The victim's estate (plaintiff) sued the pushers on a joint-liability theory for their allegedly reckless overall hunting plan, and the trial court granted the pushers summary judgment.
Whether a person is jointly liable for the torts of another if that person (1) also commits a tort as part of a common design or concerted action with another, (2) substantially assists another in conduct the person knows is tortious, or (3) substantially assists in tortious conduct while breaching a duty to the injured party.