Opinion
No. 10784.
November 8, 1979.
APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE PATRICK E. CARR, J.
George L. Moore, New Orleans, for plaintiff.
James S. Thompson, Porteous, Toledano, Hainkel Johnson, New Orleans, for defendants.
Before REDMANN, LEMMON and BOUTALL, JJ.
Plaintiffs' nearly 14-year-old child consented to be shot with a BB gun by engaging in a "war" with defendants' eight-year-old son. Perhaps defendants might be liable to a noncombatant stranger shot by their eight-year-old son during the "war" with BB guns defendants allowed on their premises, but they are not liable to a teenager who conducts the two-party battle with defendants' eight-year-old son.
Affirmed.