CSK Defense Team
Tampa Partner Howard Scholl
Tampa Associate Lowell Brown
Case Summary
This case arose from an incident at a private rural property where a group, including the Plaintiff, was invited to participate in recreational skeet shooting. After shooting one shotgun owned by the Defendant property owners, she asked to use another shotgun that did not appear to be as heavy. After being handed the second shotgun, the Plaintiff pulled the trigger and sustained a gunshot wound to her foot.
The Plaintiff alleged that the Defendants failed to provide adequate instruction or supervision and that unsafe conditions on the property caused her injury. All doctors agreed that the injury to her foot was permanent and would require significant care. At the time of the incident, the Plaintiff was in her early 20s.
Defense Strategy
The CSK Defense Team focused on the Plaintiff’s voluntary participation and her exclusive control of the firearm at the time of the incident. The defense emphasized that the Plaintiff was an adult who had used another shotgun moments earlier and specifically requested a lighter firearm. She accepted the shotgun without objection and had the same opportunity to request instruction or assistance. The defense also argued that the Defendants had no duty to anticipate misuse under these circumstances and that the incident resulted solely from the Plaintiff’s own actions.
Outcome
The Court granted summary judgment in favor of the Defendants, finding no genuine issues of material fact and concluding that the Plaintiff’s claims failed as a matter of law. The Court noted the Plaintiff’s age, her prior firearm use immediately before the incident, and her ability to request assistance but choosing not to do so.
The ruling reinforces that property owners are not insurers of safety when an adult voluntarily engages in a recreational activity while maintaining exclusive control over the instrumentality involved. The decision fully resolved the case in favor of the defense, to the satisfaction of both the insureds and the carrier.
Special Thanks to the Tampa Team
Paralegal/Legal Assistant Christine Jurski
Legal Assistant Heather Akridge
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