Kemah family blamed for pellet gun incident says accident was 'unavoidable'

GALVESTON - A Kemah family implicated in a recent lawsuit alleging that one of the sons shot an acquaintance with a pellet gun has contended the plaintiffs' claims.

Lyman, Marie, Will and Jimmy Dolan entered an original answer into Harris County residents Mark and Barbara Parkinson's suit on July 1.

In court papers filed in May, the Parkinsons claim their son, Zach, was a guest at the defendants' residence at the time of the subject event.

They show that 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.

According to an original petition, 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.

It further asserts 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.

The respondents’ neighbor, a law enforcement officer, rushed Zach Parkinson to a nearby hospital afterwards, and the child was then airlifted to another hospital for emergency treatment on his heart and lung.

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

Attorney James A. Newsom of Sprott, Rigby, Newsom, Robbins & Lunceford PC in Houston is representing the defendants.

Cause No. 13-CV-690