Lawsuit blaming shooting range for woman's hearing loss ends in defendant's favor

By John Suayan, Galveston Bureau | May 10, 2013

GALVESTON - More than a year after it was filed, a Hitchcock woman's lawsuit blaming a League City shooting range for alleged lost hearing ended last month in favor of the defendant.

Recent court records show Galveston County 10th District Court Judge Kerry L. Neves issued an order April 22 granting The Arms Room LLC's request for a summary judgment against Mary Buchan. 

Buchan sued The Arms Room on March 19, 2012, on allegations the weapons retailer failed to provide sufficient hearing protection during her visit on July 21, 2011, arguing it did not tell her that she was wearing electronic ear muffs that have a required volume setting.

Her suit stated that she suffered permanent hearing loss and subsequent medical treatment was unsuccessful.

In response to the allegations, The Arms Room countered Buchan's reduced hearing is a pre-existing condition.

The respondent's 10-page motion for summary judgment explained that the complainant 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.”

Buchan "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," the document said.

Motions to compel the plaintiff to fulfill discovery requests were entered Aug. 29, 2012, and March 14.

Plavnicky Kinzel & Makowski LLP represented The Arms Room.

Case No. 12-CV-499

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