GALVESTON - A motion for summary judgment was recently entered into a Hitchcock woman's lawsuit targeting a local shooting range.
The Arms Room LLC submitted the 10-page document before the Galveston County 10th District Court on March 14 on grounds "there is no genuine issue of material fact."
Mary Buchan sued the business on March 19, 2012, on allegations the weapons retailer failed to provide sufficient hearing protection during her visit on July 21, 2011.
Buchan claims the defendant did not tell her that she was wearing electronic ear muffs that have a required volume setting.
According to the original petition, the complainant suffered permanent hearing loss and subsequent medical treatment was unsuccessful.
The Arms Room's original answer insists that her reduced hearing is a pre-existing condition, and has attempted to retrieve discovery from her on a few occasions.
Its motion asserts Buchan signed a hold harmless agreement, limits of liability and range safety document "which constitutes a valid and enforceable release of liability, and she initialed each paragraph of the release."
"The plaintiff initialed each and every section of the agreement a total of seven times before placing her full signature at the bottom of the agreement and providing her contact information including e-mail address and Texas driver's license number," it states.
"The plaintiff's actual signature and initialing of the relevant paragraph show as a matter of law that she had actual notice of its contents, and the agreement is therefore enforceable and the plaintiff's claims should be dismissed with prejudice."
A hearing is scheduled for April 22 at 9:30 a.m.
Case No. 12-CV-499