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Old May 7, 2012, 01:19 PM   #1
Glenn E. Meyer
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Lawsuit over hearing loss at range

http://galvestondailynews.com/blog.l...781c8c2ef13ae0

http://www.setexasrecord.com/news/24...shooting-range

Elderly woman goes to the range - uses electronic muffs and gets ringing. Claims she wasn't informed that you have to turn down the volumn on the muffs.

However, that volumn has nothing to do with sound attentuation but controls conversational volumn.

Defense says it was a pre-existing condition.

Interesting.
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Old May 7, 2012, 01:23 PM   #2
overkill0084
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We need a BS flag smiley.
Her lawyer is fishing or has no idea that she's an idiot.
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Old May 7, 2012, 02:46 PM   #3
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But someone will settle and she and her lawyer will make some money and open the floodgates. Wonder if she was egged on to sue by some anti-gun group??
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Old May 7, 2012, 03:33 PM   #4
tygarys
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I wonder what kind of muffs they were using? I have 2 pairs of the electronic kind, and those are the $30 walmart special type. Mine only amplify low sounds (talking) and shut off the speakers when loud sounds are detected (shots). This seems to be the norm for the electronic types, I would be very surprised if the ones at this range did not work the same way.
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Old May 7, 2012, 03:53 PM   #5
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Open up the NFA and suppressors and voilà..."problem" solved.
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Old May 7, 2012, 04:26 PM   #6
Vanya
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If the plaintiff is "elderly," it could be hard to convince anyone that her hearing loss wasn't a preexisting condition.

But the articles say that the plaintiff was with an elderly woman... not that she's elderly herself. No ages given for anyone, that I could see.

And that business about the volume on the muffs is just... goofy, unless the muffs were actually malfunctioning.

It all sounds like your basic nuisance lawsuit, and I'd be curious to know what, if any, family (or other) relationships the owners of The Arms Room have with LEOs in the area. Going by what I found on Google, the plaintiff's attorney is pretty much at war with local law enforcement following some run-ins he's had with local authorities. He lost a defamation-of-character suit brought by a Santa Fe, TX police officer who arrested him for DUI... is suing the City of Galveston, and various other local and county agencies and individuals, over an arrest for cocaine possession... he's representing his younger brother in a harassment suit against the Santa Fe PD... and there's more if you Google him.

And he's now running for mayor of Santa Fe -- lucky them.
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Old May 7, 2012, 04:49 PM   #7
Tom Servo
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Glenn, if I'm reading your second link correctly, two things jump out.

First, the range attendant handed the plaintiff (who'd professed no knowledge of firearms) a loaded gun before sending her in.

Second, Mr. Aldous (who's quite the character according to Vanya's input) is representing himself.

This...this...is going to be surreal.
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Old May 7, 2012, 05:04 PM   #8
Vanya
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Yes, that business of handing a loaded gun to new shooters and pointing them toward the range is pretty startling -- if it's accurate.

But I don't see, Tom, that Mr. Aldous is "representing himself" -- he's the attorney for the plaintiff, a woman named Buchan, but there's nothing in the story to suggest that he was there.

Mr. Aldous does seem to be... a piece of work, however.
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Old May 7, 2012, 05:04 PM   #9
tygarys
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Quote:
First, the range attendant handed the plaintiff (who'd professed no knowledge of firearms) a loaded gun before sending her in.
I noticed that myself...
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Old May 7, 2012, 09:01 PM   #10
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OK, I get the issue with the loaded gun.
But Glenn, I'm wondering if this isn't a recent resident to the area and was not aware of the range being so close to home before buying/renting.
I'd be wondering if the new range defense laws we have would need to be looked at by the defense.

More research required.
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Old May 7, 2012, 09:20 PM   #11
Casimer
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Quote:
This seems to be the norm for the electronic types, I would be very surprised if the ones at this range did not work the same way.
I really doubt that it's the muffs. I'm not even sure that an always-on amplifying muff would have this effect, because even they have an upper threshold. What may have happened is that she didn't place the muff over her ears properly. I've seen women try to wear muffs over their hair, for example. It seems unlikely, but two older women disoriented by their first time at the range - entirely possible.

Also I'd be very surprised if anyone actually handed them a loaded gun and had them enter the range.

The fact that Justin Bieber is their attorney causes me to suspect that their claims may lack merit.
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