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Medieval Times Sued Over Newlywed's Eye Injury

By Andrew Chow, Esq. | Last updated on

A Medieval Times lawsuit claims a swashbuckling sword fight caused a customer's eye injury and left him permanently blinded.

Dustin Wiseman, 37, of Estelline, S.D., and his wife Melissa were on their honeymoon in California. They had front-row seats to a staged sword fight at the popular dinner theater in Buena Park, Calif., in April 2011, the Associated Press reports.

But when the sword fight took place, a shard from a titanium sword hit Dustin in the left eye. It tore through his cornea and went into his retina, leaving him blinded for life.

If Dustin Wiseman's Medieval Times lawsuit is successful, the newlywed could soon see a huge award for damages. His suit seeks $10 million, ABC News reports.

Wiseman's main argument is that Medieval Times was negligent. To prove negligence, Wiseman must show that Medieval Times breached a duty of reasonable care to its patrons, which in turn caused his injury.

According to Wiseman's lawsuit, the dinner theater breached its duty to its customers. Medieval Times failed to take proper steps to protect spectators from "the dangers presented by live jousting and sword fighting," ABC News reports.

Medieval Times was also negligent in staging the sword fights, in choosing the materials used in the fights, and in using ineffective barriers to protect the audience, the suit states.

As for damages, a personal-injury lawsuit can lead to an award to cover medical costs and lost wages. Damages for non-economic injuries such as pain and suffering are also possible.

In its defense, a lawyer for Medieval Times told ABC that Wiseman's injury was "a freak accident. ... [T]here's never been a similar incident" at any of the eight Medieval Times locations nationwide, the lawyer said. If the lawsuit proceeds to trial, expect some legal jousting in court before the case is resolved.

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