Dianna Humphrey v. Remington Arms Co.

MEMORANDUM

Appellants Dianna Humphrey and Sharon and Brice Barrere appeal the district court’s dismissal of their personal injury actions against Appellees Remington Arms Co., LLC, Sporting Goods Properties, Inc., and E.I. du Pont de Nemours & Co. (collectively, “Remington”). The district court dismissed Appellants’ claims as barred by the applicable three-year statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Gant v. Cnty. of Los Angeles, 772 F.3d 608, 614 (9th Cir.2014), we affirm.

In 2012, Appellants alleged four causes of action under Montana law: strict liability for design defect and failure to warn, negligence, and loss of consortium. Their claims arise from injuries sustained in 1989 and 2007, respectively, when Appellants’ Remington rifles accidentally discharged. Montana law prescribes a three-year statute of limitations period for commencement of an action in tort. Mont.Code Ann. § 27-2-204(1). Absent tolling, therefore, Appellants filed their claims outside their respective limitations periods.

Appellants argue that their limitations periods should be tolled by either the discovery doctrine, Mont.Code Ann. § 27-2-102(3)(a), or…