GALVESTON - A local shooting range seeks discovery responses from a Hitchcock woman who filed suit against it over alleged permanent hearing loss.
The Arms Room LLC submitted a motion to compel Aug. 29 into Mary Buchan's suit, asserting it has yet to hear from the plaintiff.
Buchan sued The Arms Room last March 19 on allegations the weapons retailer failed to provide sufficient hearing protection during her visit on July 21, 2011.
Her original petition asserts the business did not tell her that she was wearing electronic ear muffs that have a required volume setting.
Buchan "sustained permanent hearing loss from the excessive noise level of the gun shots within the concrete walls" and the subsequent medical treatment was unsuccessful, the suit says.
The defendant counters she executed an agreement in which she released it “from any liability for acts of omissions, for any direct, indirect, incidental, special or consequential damages whatsoever resulting from or related to the use or misuse of firearms on the premises.”
The plaintiff's reduced hearing is a pre-existing condition, The Arms Room's original answer says. Its motion to compel explains a status conference was held two months ago at which time the case was placed on the dismissal docket "when the plaintiff failed to appear either in person or through her attorney" and she "wholly failed to timely respond to the discovery requests prior to the removal of the cause to the dismissal docket."
According to the 20-page document, Buchan also failed to respond to recent correspondence.
Attorney Chester J. Makowski with Plavnicky Kinzel Makowski LLP in Houston is representing the respondent.
Case No. 12-cv-499