McQUIGGAN V. BOY SCOUTS OF AMERICA
536 A.2d 137 (1987)
NATURE OF THE CASE: McQuiggan (P) appealed a decision for judgment in in favor of Boy
(Ds), boy scout associations, scoutmasters, and boy scouts in P's action for negligence,
negligent supervision, assault and battery, and respondeat superior action against them.
FACTS: P, a twelve-year-old boy, was dropped off by his mother to attend a Boy Scout
meeting. Several of the scouts engaged in a game in which they shot paper clips at each
other from rubber bands they held in their hands. P decided to join them. Prior to his
joining the game, no one had shot paper clips at him. P knew that paper clips would be shot
at him; P knew that there was a chance he would be hit with a paper clip. P had no
paperclips to shoot and was faking it with a hairband he had found. After a very short
period of time, he 'split apart' and he 'stopped playing,' but he did not communicate that
fact in any way to the other boys. Approximately five seconds later and five feet into the
meeting room, Nicholas felt something in his right eye. When he brushed the eye, a paper
clip dropped to the floor. According to Nicholas, his entire involvement in the game
consumed approximately thirty seconds. As for the battery charge, the trial court found as a
matter of law he consented to the infliction of the injury upon him. P appealed the
dismissal.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment