Parents' lawsuit claims acquaintance shot son with pellet gun

GALVESTON - Alleging their son was shot with a pellet gun at an acquaintance's house, Harris County residents Mark and Barbara Parkinson seek damages. 

In a lawsuit filed May 20 in Galveston County District Court, the plaintiffs pin responsibility for the May 29, 2011, incident in question on Lyman, Marie, Will and Jimmy Dolan.

The boy, Zach Parkinson, was reportedly a guest at the defendants' Kemah residence.

According to the suit, Jimmy and Will Dolan invited him to the backyard to participate in target practice using their pellet guns, which were purportedly bought and provided by Lyman and Marie Dolan.

It further shows that a seated Jimmy Dolan "intentionally, recklessly or negligently" had the gun in his possession in his lap with the barrel pointed at the younger Parkinson.

"To frighten Zach Parkinson, defendant 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," the suit says.

"Defendant Jimmy Dolan immediately stood up and asked Zach Parkinson if he had been shot."

The respondents' neighbor, a law enforcement officer, rushed Zach Parkinson to a nearby hospital afterwards.

The child was then airlifted to another hospital for emergency treatment on his heart and lung.

His parents assert that his medical expenses total more than $260,000.

Meanwhile, the Dolans "put forth several different accounts of events as to whether Zach Parkinson's injuries were caused by the intentional, reckless or negligent acts of defendant Jimmy Dolan," the original petition says.

The defendants are believed to possess an "assortment" of weapons including swords, knives and other guns.

A jury trial is requested.

Attorney Nathan Schulte of The Schulte Law Firm in Houston is representing the Parkinsons, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the litigation.

Case No. 13-CV-690