Nichole Marino and Frank "Robbie" Bingler were playing paintball when, during a break in the game, Nichole shot Robbie in the buttocks with her paintball gun.
Once that respite ended, a dispute arose as to when game-play resumed and Robbie ended up shooting a paintball in Nichole's eye.
The Orange County Supreme Court dismissed Nichole's personal-injury case against Robbie on the grounds that Nichole had assumed the risks associated with the activity.
On appeal, the Appellate Division, Second Department, concluded there were unresolved questions as to "whether the game had started, whether Nichole had put on her mask to begin play, and whether Nichole had been exchanging fire with Robbie at the time she had been injured."
As a result, the appellate court thought the case had been prematurely dismissed and sent the case back for trial.
Far from a bull's-eye.
To download a copy of the Appellate Division's decision, please use this link: Marino v. Bingler