Defendant in pellet gun suit submits motion for summary judgment

John Suayan, Galveston Bureau Dec. 16, 2013, 4:17pm

GALVESTON - A young man sued along with his family over an alleged incident with a pellet gun recently entered a motion for summary judgment into the lawsuit, recent court records show.

As previously reported, Harris County residents Mark and Barbara Parkinson are pursuing legal action against Lyman, Marie, Will and Jimmy Dolan after their son, Zach, was purportedly shot with the weapon in question at the defendants' Kemah residence.

The Parkinsons assert that Jimmy Dolan “intentionally, recklessly or negligently caused the pellet gun in his possession to fire and cause injury to the left side of Zach Parkinson” as a way to “frighten” the boy, who was reported to have suffered injuries to his heart and lung.

The Dolans’ response counters that the complainants’ supposed negligence brought forth Zach Parkinson’s injuries, insisting the accident was “unavoidable.”

In his 21-page motion filed Dec. 3, Will Dolan insists he did not have a legal duty to supervise his older brother.

The motion adds that Will Dolan "was not holding the discharged pellet gun and did not cause the discharge of the pellet gun."

An order from Galveston County 405th District Court Judge Michelle Slaughter is pending.

Case No. 13-CV-690

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