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McCune v. Myrtle Beach Indoor Shooting Range, Inc.

612 S.E.2d 462 (2005)

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McCune v. Myrtle Beach Indoor Shooting Range, Inc.

South Carolina Court of Appeals

612 S.E.2d 462 (2005)

Facts

Christine McCune (plaintiff) participated in a paintball match at the Myrtle Beach Indoor Shooting Range (defendant). Before the match, McCune signed a general waiver that released the shooting range from liability from all known or unknown dangers for any reasons, unless the shooting range was grossly negligent. The shooting range provided a mask to McCune, but the mask was loose and did not fit well. McCune complained about the mask, and a shooting range employee attempted to fix the fit of the mask. During the paintball match, McCune caught the mask on a branch of a tree that was in a blind spot caused by the top of the mask. The mask was raised off of her face, and McCune was hit by a paintball pellet in her eye. The hit caused McCune to be legally blind in that eye. McCune sued the shooting range, alleging negligence and strict liability. The shooting range moved for summary judgment, arguing that the release barred recovery. The trial court granted the motion, and McCune appealed.

Rule of Law

Issue

Holding and Reasoning (Beatty, J.)

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