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BROWN v. DAISY MFG. CO.

No. 88-CV-997.

724 F.Supp. 44 (1989)

Jeffrey BROWN, Plaintiff, v. DAISY MANUFACTURING COMPANY, Defendant.

United States District Court, N.D. New York.

November 8, 1989.

Attorney(s) appearing for the Case

Setright & Ciabotti, Syracuse, New York (Victor J. Ciabotti, of counsel), for plaintiff.

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P.C., Syracuse, New York (Laurence F. Sovik, of counsel), for defendant.

MEMORANDUM DECISION AND ORDER

McAVOY, District Judge.

FACTS

The following facts do not appear to be in dispute. On April 14, 1982 at about 8 p.m., Robert Conroy, then 13 years old, pointed a Daisy Model 25 Air Rifle in the direction of Jeffrey Brown who was then 12 years old and playing hide and seek with Robert Conroy's sister. The gun accidentally went off and Brown was shot in the eye with a BB. The gun, manufactured by defendant Daisy Manufacturing...

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