A defendant accused of allowing a minor to shoot a gun unsupervised has successfully designated the minor's father as a responsible third party.
As previously reported, Marci Taylor, acting as next of friend of Ty Allen Taylor, filed suit against Belinda Frederick on Dec. 8, 2011, in Jefferson County District Court, alleging Frederick was supposed to be watching the child.
On Nov. 13 Frederick filed a motion for designation of responsible third party, arguing that Ty had an understanding with his father, Will Taylor, that he could shoot his father’s .22 rifle in the backyard.
The Ty and another minor named Trey Frederick did not tell Belinda Frederick what they planned to do, the motion states.
“It is clear from testimony and other evidence in this case that Will Taylor caused or contributed to this accident,” the motion states.
Judge Bob Wortham, 58th District Court, granted the motion on Jan. 25, court papers say.
The lawsuit alleges that on Dec. 12, 2009, Ty was at Frederick’s residence in Hamshire and was knowingly allowed to load and shoot a .22 rifle unsupervised.
The suit alleges Ty somehow injured himself but fails to give details as to how.
Marci alleges Frederick should have secured the weapon and also failed to warn Ty of the unsafe condition.
She is suing for Ty’s alleged past and future medical expenses, mental anguish, pain and impairment.
Woodlands attorney Thad Whisenant represents them.
Attorney David Oubre of the Beaumont law firm Lewis Brisbois Bisgaard & Smith represents Frederick.
Case No. A191-445