Bar Exam Uniform Quiz
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Two hunters were in a field. They saw movement in some bushes and, without properly identifying their target, both negligently fired their shotguns in that direction at the same time. A third person, who had been hiding in the bushes, was struck by a single pellet and lost an eye. It is scientifically impossible to determine which of the two hunters fired the shot that caused the injury. The injured person sued both hunters.
The injured person moves for summary judgment against one of the hunters on the issue of actual causation. What is the likely result? Select one.
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