Academy swaps counsel in suit over minor shot by BB gun

Academy Sports & Outdoors recently swapped counsel in a suit brought by the parents of a minor who was shot by a Daisy BB air gun.

As next of friend of Hannah Bozyone, Jonathon and Lisa Bozyone filed suit against Robert and Glenda Key, Academy and Daisy Manufacturing Co. on May 4 in Jefferson County District Court.

Court records show that on Oct. 24 Academy filed a motion to substitute counsel.

The motion sought to replace Andrew McKinney of Litchfield Cavo with Beaumont attorney M.C. Carrington of MehaffyWeber.

Judge Donald Floyd, 172nd District Court, granted the motion on Oct. 26, court papers say.

The petition alleges that on May 8, 2010, Hannah was shot in the eye with a Daisy BB gun by the Keys’ minor child, resulting in the loss of Hanna’s eye.

The suit does not state where the minor's parents were when the incident occurred but does allege the Keys negligently allowed the BB gun to be available to children under the age of 10.

The suit further alleges that Daisy negligently designed the gun so young children could operate it, and that Academy had actual knowledge of the gun’s dangerous condition but still introduced it into the stream of commerce.

Jonathon and Lisa Bozyone are suing for Hannah’s past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Brian Sutton of Sutton & Jacobs represents the Bozyones.

Case No. E192-408