Bromley v. Garey

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED MARCH 29, 1999, IS HEREBY WITHDRAWN.

WALTERS, Justice.

This is an appeal from a summary judgment granted in favor of Ronald Garey dismissing an action brought by Tory Bromley, who was injured in a hunting accident involving a shotgun owned by Garey. We reverse the order granting summary judgment and remand the case for further proceedings.

BACKGROUND AND PROCEDURAL HISTORY

In September 1995, Bromley and Dave Sholder went hunting with two shotguns that Sholder had borrowed from his uncle and Ronald Garey. Both Bromley and Sholder used Garey’s…