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Martinez v. Skirmish

May 21, 2009

JORGE MARTINEZ
v.
SKIRMISH, U.S.A., INC., ET AL.



The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 21st day of May, 2009, upon consideration of the Motion for Summary Judgment filed by Tippmann Sports, LLC (Docket No. 43), the Motion for Partial Summary Judgment filed by Skirmish, U.S.A., Inc. (Docket No. 46), all documents filed with respect thereto, and the Hearing held on May 14, 2009,

IT IS HEREBY ORDERED as follows:

1. The Motion for Summary Judgment filed by Tippmann Sports, LLC (Docket No. 43) is GRANTED.

2. The Third-party Complaint filed by Skirmish, U.S.A., Inc. against Tippmann Sports, LLC (Docket No. 14) is DISMISSED and JUDGMENT is entered in favor of Tippmann Sports, LLC and against Skirmish, U.S.A., Inc.

3. Tippmann Sports, LLC is DISMISSED as a Third-party Defendant in this action.

4. The Motion for Partial Summary Judgment filed by Skirmish U.S.A., Inc. (Docket No. 46) is GRANTED and Plaintiff's strict liability and breach of implied warranty claims against Skirmish, U.S.A., Inc. related to the paintball gun used to shoot him on March 19, 2006 are DISMISSED.

5. Paragraphs 40 and 41 of the First Amended Complaint are STRICKEN.

20090521

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