POSTED: Tuesday, July 31, 2012 --- 10:40 a.m.

MADISON, Wis. (AP) -- A state appeals court says a boy who shot his friend in the eye during a paintball game isn't liable for the injury.

According to court documents, 13-year-old Alex Freese and 14-year-old Jett Houston were among a group of boys playing paintball in the Polk County woods in July 2008. Houston took his protective facemask off during a time-out and Freese shot him in the eye.

Houston suffered a detached retina. He filed a lawsuit accusing Freese of being negligent and reckless.

A circuit judge dismissed the claims. The 3rd District Court of appeals affirmed the ruling Tuesday, noting Freese testified he didn't know a time-out had been called.

Houston's attorney didn't immediately return a telephone message Tuesday morning.

Copyright 2012: Associated Press