Serra v. DeMaestri

Plaintiffs brought suit in the court below against defendant Joe DeMaestri for negligence and wilful misconduct and against Marge DeMaestri for negligent entrustment. A verdict of no cause of action was rendered by the jury.

Plaintiff Michael Serra sustained injury to an eye when defendant Joe DeMaestri, using an air rifle purchased by his mother, shot at a live shotgun shell causing it to explode. Defendants alleged that plaintiff had been contributorily negligent.

Plaintiffs raise several issues, only two of which warrant discussion, both relating to jury instructions.

At trial, plaintiffs…