SCHNEIDER EX REL. SCHNEIDER v. ERICKSON

No. C7-02-800.

654 N.W.2d 144 (2002)

Stephen M. SCHNEIDER, by his Guardian Ad Litem, Patricia M. SCHNEIDER, Appellant, v. Jake ERICKSON, Respondent, Wal-Mart Stores, Inc., Defendant.

Court of Appeals of Minnesota.

December 17, 2002.


Attorney(s) appearing for the Case

Robert J. Feigh, Hall & Byers, P.A., St. Cloud, MN, for appellant.

Michael J. Tomsche, Bryan B. Carroll, Tomsche, Sonnesyn & Tomsche, P.A., Golden Valley, MN, for respondent.

Considered and decided by STONEBURNER, Presiding Judge, KALITOWSKI, Judge, and HALBROOKS, Judge.


O P I N I O N

HALBROOKS, Judge.

On appeal from summary judgment dismissing his negligence claim, appellant argues that the district court erred by (1) ruling that appellant primarily assumed the risk of being hit in the eye with a paintball when he played paintball without eye protection, and (2) granting summary judgment when genuine issues of material fact remain. Because we conclude that appellant primarily assumed the risk of being hit in the eye with...

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