Byus v. Mid-Century Insurance Co.

KAUGER, Vice Chief Justice,

dissenting, with whom SIMMS, Justice, joins by reason of stare decisis:

The majority finds a factual question exists concerning the causal link between the shooting and the operation of the vehicle. It does so on a record devoid of any evidence that anyone other than the driver controlled the *849vehicle when he turned to follow the Byus car.1 It then concludes that even if the trier of fact determines that the shooting arose from the use of the vehicle, it might still conclude that the shooting was an intervening force severing the vehicle operator’s liability. In doing…