Patrick Reddell and Derek Johnson, both eighteen years of age, wanted to take part in a BB
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Patrick Reddell and Derek Johnson, both eighteen years of age, wanted to take part in a BB gun war “game.” They agreed not to fire their weapons above the waist and that their BB guns would be pumped no more than three times, thereby limiting the force of the BBs’ impact when striking the other person. They also promised each other only to fire a BB gun when the other person was “in the open.” While participating in this activity, Johnson shot Reddell in the eye, causing seriously impaired vision. Reddell sued Johnson for gross negligence and for recklessly aiming his weapon above the waist. Johnson answered by denying liability and asserting the defenses of assumption of risk and contributory negligence. Both parties then filed motions for summary judgment. How should the trial judge rule on the motions?
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Cyrus Sandoval
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