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The sound speaks for itself: summary judgment upheld for failure to have expert opinion on paintball gun.

October 1, 2019
Tripodi v. Big Top Arcade, N.J. Super. Unpub LEXIS 1313; 2019 WL 2420555; Docket No: A-4188-1713; June 10, 2019

The plaintiffs appealed dismissal of their claim for hearing loss after operating a paint ball gun at an amusement stand shooting gallery. Despite their arguments of res ipsa loquitur, the Superior Court upheld the decision that the plaintiffs failed to produce any evidence that the paintball gun or compressed air lines were inspected by an expert with knowledge as to proper operation and maintenance. The court found that there was no evidence concerning the nature of sounds that would normally emanate from a paintball gun. The court upheld the required prongs of the Buckelew test as required to be established; therefore, the plaintiffs could not establish that the defendant was negligent under the res ipsa loquitor doctrine.

 

Case Law Alerts, 4th Quarter, October 2019

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