CHARLESTON - A Charleston couple says their infant daughter was shot in the eye with a paintball and are blaming the family of the alleged shooter, who is also a child.

Stephen Roberts, the parents of Kathryn Roberts, filed a lawsuit Aug. 22 in Kanawha Circuit Court against David and Linda Wooddell and their son Matt. Caroline Wooddell, the owner of the house where the alleged incident took place, is also a defendant.

The Roberts say that on Nov. 25, 2004, Kathryn was playing in the woods behind their house on Morningside Dr. in Charleston with several other children.

One of those children was Matt Wooddell, who had gotten ahold of his parents' paintball gun, the complaint adds.

"The infant defendant approached the infant plaintiff from behind and when she turned, negligently caused or allowed the paintball gun which he was holding to discharge, causing a paintball projectile to enter their infant plaintiff's left eye and cause permanent damage, loss of vision and other injuries," the complaint says.

Also as a result of the incident, the Roberts say they have suffered damages for medical bills, loss of income and travel expenses to and from doctors' offices and hospitals.

The lawsuit blames David and Linda Wooddell for providing the paintball gun to their child without proper training, safety equpment or supervision.

Caroline Wooddell is blamed for negligently allowing her tenants to have possession and use of "dangerous instrumentalities."

Michael Glasser, an attorney with Charleston law firm Meyer and Ford, is representing the Roberts, who seek compensatory damages.

Judge Tod Kaufman has been assigned the case.

Kanawha Circuit Court case number 06-C-1673

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