Wheeler v. Bello

On April 25, 1973, infant plaintiff, James Wheeler, age 12, was allegedly shot in the eye by a BB from an air gun fired by the infant defendant, David Bello, who was at that time 13 years of age. Raymond J. Wheeler, father of the injured infant, James Wheeler, has commenced this action for damages individually and on behalf of his infant son against David Bello and David’s natural guardian, Dominick Bello. The defendants have interposed a counterclaim seeking recovery *541from Raymond J. Wheeler under the theory of Dole v. Dow Chem. (30 N Y 2d 143). Plaintiffs have brought on this motion seeking…