On July 29, 2016, Somerset County Superior Court Judge Yolanda Ciccone gave the go-ahead for punitive damage discovery in a personal injury lawsuit against Dick's Sporting Goods.
SOMERVILLE -- It's been six years since then-7-year-old Ariana McGuire was struck in the head by a metal-tipped arrow, which pierced her brain, causing a massive stroke and an aneurysm.
On July 29, Somerset County Superior Court Judge Yolanda Ciccone gave the go-ahead for punitive damage discovery in a personal injury lawsuit against Dick's Sporting Goods, which allegedly sold the arrow.
Ciccone denied punitive damage discovery from moving forward with the father, who allegedly purchased the arrow at a Dick's Sporting Goods store in Woodbridge. The arrow was used by his then 9-year-old son in the tragic accident, according to the lawsuit.
Under New Jersey law, it is illegal to shoot a pointed or metal-tipped arrow without a hunting license, which is only issued to hunters over the age of 10. As well, anyone selling a youth-sized pointed or metal-tipped arrow is supposed to ask if the user has a child's hunting license, according to McGuire's lawyer, Bill Gold, of West Orange-based Bendit Weinstock.
N.J. girl recovers from brain injury caused by accident
In effect, Ciccone's ruling leaves Dick's on an island as the only defendant in the suit.
"All they had to do was ask for the child's hunting license (before selling the arrow to his father)," Gold said. Dick's Sporting Goods did not respond to several requests for comment.
Gold said his law firm hired an investigator to purchase the same style arrow at the same store for his 12-year-old son. He was able to purchase the arrow without showing a hunting license, according to Gold.
Gold said he won't try to appeal the judge's decision to allow discovery to only move forward with Dick's Sporting Goods.
Gold said there are two especially "tragic" components in the case: The McGuires and the other family were incredibly close friends, he said. The McGuires lived in Bridgewater at the time of the accident.
"The second thing is that Ariana's twin sister Briana witnessed it, and you can imagine how that affected her," he said.
Ariana and her twin sister, Briana, were at a friend's house on July 20, 2010, when Ariana wandered in front of the boy who was practicing archery with a compound bow in the same yard.
Gold noted that Ariana's life-care plan estimates it will cost $15 million dollars to care for her throughout her life.
"Ariana got shot in the head she wasn't expected to survive, and she's doing better than anybody expected," he said.
Gold said he hopes the lawsuit will go to trial in the spring.
Kate Mishkin may be reached at kmishkin@njadvancemedia.com. Follow her on Twitter @KateMishkin. Find NJ.com on Facebook.
