One of the defendants being accused of firing an errant bullet at a man sitting in his house argues that the plaintiff needs to determine who fired it.
Defendant Brent M. Maseiro filed a motion to dismiss the Madison County personal injury suit on May 23. He and three other defendants, David Chenot, Brandon Gibbons and Frankie Zarantoello, are being sued by Clifford Spickerman.
Spickerman says he was in his home on the 500 block of Strohbeck Lane in July 2011 when his face was grazed by a bullet from a Mosin Nagant rifle. At the time, Maseiro, Chenot, Gibbons and Zarontenello were target shooting in a field at the corner of 80 Street and Walnut Drive in Cottage Hills, about a mile from Spickerman’s house.
Spickerman claims one of the four defendants fired a round from the Mosin Nagant, which he also claims travels great distances. Spickerman accuses the men of negligence for reckless discharge of a firearm without a suitable barrier to prevent bullets from leaving the area.
In Masiero’s motion to dismiss, he claims he cannot determine who fired the bullet and if the plaintiff is unable to determine who fired the bullet, he does not have a cause of action.
“The plaintiff has to allege that the defendant himself discharged the weapon and that the bullet that fired from the weapon when he discharged it was the bullet that struck the plaintiff,” the motion to dismiss states.
Stephen C. Mudge of Reed, Armstrong, Gorman, Mudge & Morrissey represents Maseiro.
Lanny Darr of Schrempf, Kelly, Napp & Darr in Alton represents the plaintiff.
Madison County case number 13-L-534.