Advertising Disclosure Email Disclosure

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

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Alicia M. Smith
(813) 898-1801

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."