Hartline Barger Granted Dismissal with Prejudice in Dallas County

Hartline Barger recently filed a motion to dismiss Plaintiff’s claims with prejudice, and it was granted by a Dallas County judge today.

This lawsuit arose out of an accident that occurred at a Texas gun range. Plaintiff arrived at the gun range and was assigned to a lane. Plaintiff proceeded to her lane where she began to shoot her firearm. According to Plaintiff, while she was in her lane shooting her firearm, she was struck by a ricocheting bullet. Plaintiff filed suit against the gun range.

Because Plaintiff filed suit against a defendant gun range, her claims were governed by Chapter 128 of the Texas Civil Practice and Remedies Code. Pursuant to Chapter 128 of the Texas Civil Practice and Remedies Code, Plaintiff was required to serve an expert report for each defendant against whom a claim is asserted not later than 90 days after filing her original petition. Plaintiff failed to serve an expert report as required and therefore, Defendant filed a motion to dismiss Plaintiff’s claims with prejudice. A Dallas County judge agreed with Defendant and ultimately dismissed Plaintiff’s claims against Defendant with prejudice.

CAUSE/CASE NO: DC-23-05266

Judge: Martin Hoffman