After spending an afternoon smoking marijuana, five teenagers transitioned to other activities and a fifteen-year old, named Harley Courts, eventually wound up taking a paintball to the eye.
Harley's parents, acting on his behalf, filed suit in New York County Supreme Court against the parents of Eric Gushee -- in whose apartment the shooting had taken place -- claiming negligent supervision of the teens.
The Gushees then sued Vincent DiPilato, the trigger-happy 19 year old, for contribution and/or indemnification .
Shortly thereafter, Harley's parents filed a second case, this time against Eric Gushee, for negligently permitting DiPilato to fire the paintball gun.
When the Gushees requested the case's dismissal, the New York County Supreme Court found there was no duty imposed upon a minor to supervise a nineteen-year old and granted the request as against the Gushees' child.
While parents are generally not responsible for their children's torts, "a parent owes a duty to third parties to shield them from an infant's improvident use of a dangerous instrument, at least, if not especially, when the parent is aware of and capable of controlling its use."
Under New York law, a paintball gun is classified as an "air gun" and, unless used in an "entertainment facility," an individual under the age of sixteen can't own or possess one. Accordingly, the court concluded that, by purchasing the paintball gun and then giving it to their son, the Gushees were negligent as a matter of law, and the only remaining question was whether that violation triggered Harley's injuries.
Since several questions remained unanswered, including whether the DiPilato's actions as "an adult" absolved the Gushees from liability, the case against the Gushees was permitted to continue.
Three guesses who wasn't gushing over that.
To download a copy of the Supreme Court's decision, please use this link: Courts v. Gushee