Jerry and Jeanette Shook filed suit in U.S. District Court in Missoula.
The Shooks claim the company is negligent because it didn't order a general recall of its Model 700 rifles after customers complained about its propensity to misfire when the safety is disengaged.
The accident happened on a hunting trip on Oct. 31, 2007, in the West Fork of the Bitterroot Range, according to the Shooks' complaint.
Jerry Shook and Steve Burson left their hunting camp on horseback. After riding several miles, Burson dismounted with his Remington 700 Series rifle to hunt on foot while Shook followed behind with the two horses.
When the two met up again, Shook dismounted and stood between the two horses while his friend prepared to unload his rifle to put it into the scabbard on his saddle.
According to court filings, the bolt-action rifle required the rifle to be taken off safety before it was unloaded.
Remington disputes that claim.
Burson aimed the rifle into the air in preparation for ejecting the shells in the weapon. When he took the rifle off safety, it fired, the court records said.
The horses immediately spooked. Shook was caught between the two as they came together. He was knocked to the ground as the horses were rearing out of control. One of the horses stepped on Shook's head and his skull was fractured. He was stomped on several more times.
Burson was also knocked to the ground.
The horses bolted and left the two men stranded several miles from their vehicles.
Burson hiked back to camp and returned to the accident scene on a four-wheeler. He loaded Shook onto the back of the four-wheeler and drove him to a telephone to call for emergency assistance.
Shook was eventually transported by helicopter to Missoula's St. Patrick Hospital trauma center, where he was treated for the skull fracture and other injuries. He spent 15 days in the hospital.
The court filings said Shook's life has been permanently impacted by his injury. His wife is required to provide physical and emotional assistance and has had to adjust to emotional swings Shook suffers due to the head injury.
The couple are asking the court for damages for medical expenses, economic losses and emotional suffering.
Remington denied all claims and asked the court to dismiss the case.
The company's troubles with the pre-1982 Model 700 rifles were well publicized after a hunting accident in 2000 claimed the life of a 9-year-old Montana boy named Gus Barber.
The Manhattan boy was shot to death as his mother was unloading her Remington Model 700 on the other side of a horse trailer in the Gravelly Mountains of southwest Montana.
Barbara Barber said later the gun went off when she released the safety with her finger nowhere near the trigger.
After learning that the same thing had happened to dozens of others across the country, the boy's father, Rich Barber, began an effort to get the company to fix the rifle.
Two years later, Remington announced it would modify the bolt lock on all bolt-action rifles made before 1982, which involved some 2.5 million rifles.
Remington said it took the action in part as a response to Gus Barber's death.
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wayne h wrote on May 13, 2009 7:03 PM:
" these claims are true, i've personally know of 3 different mod. 700 rifles that fired when the safety was taken off, i have one friend who did just that in order to kill an elk when in the backcountry and figured that this was the only way he could get his mod. 700 to fire, this was in the mid 90's and his rifle was brand new. "
fred3d wrote on May 14, 2009 5:20 AM:
" Actually, sounds like Steve Burson in an irresponsible gun owner who, through his own admitted irresponsibility, should not be allowed to own a gun. "
Beth wrote on May 14, 2009 3:51 PM:
" Reading this article, two things immediately come to mind: 1) I don’t even own a model 700, but I was fully aware of the safety modification efforts that went out after the little boy was killed. Anyone who does not live under a rock was well aware of the problem and the subsequent efforts by Remington to fix the rifles. If the accident happened in 2007, then they had 5 years or so to get the rifle fixed. Besides, just a simple check on the product before you purchase, like most intelligent people do, would have yielded that fact immediately before purchase. 2) I was always taught never to stand between two horses, or a horse and a fence, wall, or any other obstruction that would prevent you from making a getaway if you have to for just that reason. Whatever happened to personal responsibility? "
captblackeagle wrote on May 13, 2009 2:59 PM: