Dudley Sports Co. v. Berry

ON MOTION TO DISMISS

FERGUSON, Judge.

The issue on this appeal is whether a good faith settlement between a minor-plaintiff and his parents bars a third-party claim brought by defendants against the parents alleging negligent supervision as a contributing cause of the minor’s injuries. We hold that it does and dismiss the appeal from the order dismissing the third-party claim.

The minor plaintiff, Kenneth Berry, was permanently injured when he was unexpectedly struck in the head by the arm of a baseball pitching machine. Unknown to the minor-plaintiff, the machine was capable of firing though…