Zellers v. Devaney

OPINION OF THE COURT

Howard Miller, J.

On December 9, 1990, defendant Jason Devaney, age 14, allegedly shot plaintiff Robyn Zellers in the left eye with a BB gun owned by defendant Willie Norton, containing ammunition purportedly supplied by defendant Anthony Pellacio. At the time of the incident, defendants Jason Devaney and Willie Norton were present; defendant Anthony Pellacio was not. However, Anthony had previously purchased BBs and left them at the site of the incident. Anthony denies that the BB which struck plaintiff came from the cache supplied by him; nevertheless, for purposes of…