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K.H. v. J.R.

Denial of motion for post-trial relief reversed in case where plaintiff child was shot with a BB gun given to minor defendant by his defendant father; summary judgment should not have been granted in favor of the father because questions of fact existed relating to whether father knew or should have known of the necessity to exercise control over his child and whether father had the ability to do so; verdict was inadequate as to damages.

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J-A01020-01

� 1 This is an appeal from the judgment entered by the Court of Common Pleas of Leigh County following the denial of Appellants’ motion for post-trial relief. We reverse, vacate, and remand for further proceedings.

� 2 The relevant facts and procedural history are as follows: On July 16, 1998, Appellants, K. H. and D. H., individually and as parents of A.H., filed a Complaint to recover for injuries allegedly sustained by A.H. in an incident that occurred on September 27, 1995. On that date, A.H., who was thirteen (13) years of age, was playing with fourteen (14) year old Appellee N.R. (hereinafter “N.R.”) at the home of N.R.’s mother, T. K. (hereinafter “Mother”), and stepfather. At the time of the incident, N.R. was in possession of a BB gun that had been given to him by his father, Appellee J. R. (hereinafter “Father”). While they were playing, N.R., believing the gun to be unloaded, pointed it at A.H., pulled the trigger, and unknowingly struck A.H. in the abdomen with a BB. A.H. underwent surgery as a result of the injuries sustained from the incident.

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