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Teen shot in eye when he removed goggles in paintball

Amount:

$117,500

Type:

Settlement

State:

Texas

Venue:

Hidalgo County

Court:

Hidalgo County District Court, 275th

Injury Type(s):

eye-detached retina sensory/speech-vision; partial loss of

Case Type:

Recreation – Negligent Supervision

Case Name:

Leonel Trevino individually and as next friend of Jorge Humberto Trevino, a minor v. Mass Entertainment LLC d.b.a. Delta Field Paintball,
No. C-2804-12-E

Date:

June 12, 2013

Parties

Plaintiff(s):

Leonel Trevino (Male),

Jorge Humberto Trevino (Male, 16 Years)

Plaintiff Attorney(s):

Oscar R. Alvarez;
Oscar R. Alvarez, Attorney * Counselor, P.C.;
McAllen,
TX,
for
Leonel Trevino, Jorge Humberto Trevino

Defendant(s):

Mass Entertainment LLC

Defense Attorney(s):

James H. Hunter Jr.;
Royston, Rayzor, Vickery & Williams LLP;
Brownsville,
TX,
for
Mass Entertainment LLC

Facts:

On July 19, 2012, plaintiff Jorge Trevino, 16, was playing a game of paintball at Delta Field Paintball, an Edinburg business owned by Mass Entertainment. While on the premises, Jorge removed his protective goggles and was struck in the eye by a paintball, sustaining injury. Jorge’s father, Leonel Trevino, individually and on behalf of his son, sued Mass Entertainment, claiming negligence and negligent supervision. Plaintiff’s counsel maintained that Mass Entertainment employees allowed Jorge to enter a paintball match without written consent of a parent or guardian, in violation of its own policy regarding minor customers. The employees failed to call for emergency medical services, which resulted in a delay in Trevino‘s treatment and an exacerbation of his injury, counsel argued. Defense counsel argued Trevino removed his goggles in violation of the defendant’s polices and posted warnings and was the sole proximate cause of his own injuries.

Injury:

Jorge was treated by an ophthalmologist the day after the incident. He sustained a detached retina in his left eye. The plaintiff claimed to have permanently lost approximately 90 percent of the vision in his left eye. Jorge sought $5,000 for past medical expenses and an unspecified amount for past and future pain and suffering and physical impairment.

Result:

The parties settled prior to trial for $117,500.

Trial Information:

Judge:

Juan A. Partida

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to calls for comment.