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State Farm Mutual Automobile Insurance Company v. Ferrin9/5/2002
Submitted on Briefs: April 4, 2002
Farrel Ferrin, individually and as parent and guardian of his son, Alan Ferrin, appeals from the First Judicial District Court's denial of his motion for summary judgment and its grant of summary judgment to State Farm Mutual Automobile Insurance Company. We affirm.
The following issue is raised on appeal:
Did the District Court err in concluding that Alan Ferrin's personal injuries were not caused by an accident resulting from the use of Carl Wajahuski's insured motor vehicle?
FACTUAL AND PROCEDURAL BACKGROUND
The essential facts of this case are undisputed. In 1995, Farrel Ferrin (Ferrin) discussed purchasing Carl Wajahuski's (Wajahuski) .30/.30 caliber rifle for his son Alan Ferrin (Alan). At the time, Alan was 12 years old. As part of the purchasing process, the Ferrins and Wajahuski arranged a hunting trip so that Alan could hunt deer with the rifle. On October 22, 1995, the Ferrins drove from their residence in Helena, Montana, to Wajahuski's mother's residence in Townsend, Montana. Upon the Ferrins' arrival, Wajahuski informed them that he had arranged a hunt on private land near Harlowton, Montana, and that they would travel together in Wajahuski's vehicle from Harlowton to the hunting site. Wajahuski owned a 1990 Ford Nissan pickup truck that was insured by State Farm Mutual Insurance Company (State Farm).
Wajahuski drove his truck to Harlowton and the Ferrins traveled in their own vehicle. When Wajahuski and the Ferrins arrived in Harlowton, the Ferrins parked their vehicle and the parties rode together in Wajahuski's truck. Upon arriving at the property where they intended to hunt, they drove around in search of deer. Wajahuski eventually spotted some deer below a ridge, and he instructed the Ferrins to exit the truck and walk downhill while he and his mother circled behind in his truck in order to help load any deer that were shot or to pick up the Ferrins if they were unsuccessful. The deer were approximately 200 to 250 yards from the truck.
Alan carried Wajahuski's .30/.30 rifle. At the time, it was loaded with some ammunition that Wajahuski had personally reloaded and some factory-loaded ammunition. After walking about 25 to 50 yards, Alan raised the rifle and fired. He missed his first shot, and he ejected the shell and loaded another cartridge. As Alan fired a second shot, the rifle exploded and nearly severed one of his hands. Ferrin shouted for help and Wajahuski returned. The men loaded Alan into Wajahuski's vehicle and drove him to a hospital in Harlowton. Alan was subsequently flown by helicopter to Billings, Montana, for further treatment.
On December 14, 1999, Ferrin, individually and as parent and guardian of Alan, filed a complaint in the Eighth Judicial District Court, Cascade County, alleging that Wajahuski was liable for Alan's injuries because he had negligently reloaded the round of ammunition which caused the rifle to explode in Alan's hands.
On March 27, 2000, State Farm filed a declaratory judgment action in the First Judicial District Court. It contended that there was a controversy over whether its automobile insurance contract with Wajahuski provided liability coverage with respect to any claims for bodily injury asserted by Ferrin. Both State Farm and Ferrin filed motions for summary judgment on the issue of whether Alan's injuries were caused by an accident resulting from the use of Wajahuski's truck.
The District Court held that they were not, and it denied Ferrin's motion for summary judgment and granted State Farm's motion. Ferrin appeals.
STANDARD OF REVIEW
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