Apartment complex sued after child shot with air gun

Michelle Massey, East Texas Bureau Oct. 19, 2010, 6:21am

MARSHALL-A Longview apartment complex is being sued after a middle-school aged child was shot in the head by a teenage resident using an air gun.

Shamonica Mack, individually and as next friend for Shabreashia Head, filed suit against Autumnwood Enterprises Ltd. and Jones and Smart Enterprises Inc. on Oct. 13 in the Eastern District of Texas, Marshall Division.

The incident occurred on June 1, 2009, when a teenage boy shot Shabreashia Head in the back of the head at close range with an air gun. Head was taken to Good Shepherd Medical Center in Longview and then air flighted to Parkland Hospital in Dallas.

According to the lawsuit, Head suffered a traumatic brain injury as a result of the injury to her left vertebral artery. She remained in Parkland Hospital until June 17 when she was transferred to Our Children's House at Baylor Hospital. She received further medical treatment including rehabilitation and physical therapy at Baylor Hospital until July 20, 2009.

Mack states that since the incident Head has had significant problems with attention, memory and processing speed and emotional difficulties.

The defendant is accused of negligence for knowing that the teenage residents of the apartment complex were shooting air guns at objects and people for a significant amount of time prior to the incident involving Head.

Further, the defendant is accused of failing to exercise reasonable ordinary care to protect head from the danger, by failing to warn and by failing to make the condition reasonably safe by investigating it or by reporting it to the police.

The plaintiff I seeking damages for severe pain, mental anguish, medical expenses, lost earnings, interest and court costs.

Mack is represented by Melissa Smith of Gilliam & Smith in Marshall and Lynn S. Patton of Patton, Nix & Young in Longview.

U.S. District Judge David Folsom is assigned to the case.

Case No. 2:10-cv-00432-DF

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