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Torts Keyed to Duncan
McCune v. Myrtle Beach Indoor Shooting Range, Inc.
Citation:364 S.C. 242, 612 S.E.2d 462 (2005)
Christine McCune (plaintiff) was playing paintball with her husband and friends at Myrtle Beach Indoor Shooting Range (defendant). She signed a general waiver before playing. The plaintiff’s protective, face mask provided by the defendant, did not properly fit her face. During the game, the mask was caught on a tree branch, exposing her face. She was then hit in the eye with a paintball pellet, rendering her legally blind in that eye. The plaintiff sued the defendant on theories of negligence and strict liability for failing to provide her with proper protection. The defendant filed a motion for summary judgment, arguing express assumption of risk and comparative negligence.
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