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Plaintiff alleges sporting goods retailer sold defective ammunition leading to injury

SOUTHEAST TEXAS RECORD

Monday, April 7, 2025

Plaintiff alleges sporting goods retailer sold defective ammunition leading to injury

State Court
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District Courts of Harris County | Official website

In a gripping legal battle that underscores the potential dangers of consumer products, Luke Marberry has filed a lawsuit against Academy Sports and Outdoors, Inc., Maxam North America, Inc., Maxam US, LLC, and Rio Outdoors Corp. The complaint was lodged in the District Court of Harris County on March 27, 2025. Marberry alleges severe injuries due to defective shotgun shells purchased from Academy Sports and Outdoors.

The plaintiff, Luke Marberry, claims that on January 5, 2025, while hunting near Austin, Texas, he suffered severe injuries when a Monarch-branded shotgun shell malfunctioned. These shells were bought from Academy Sports and Outdoors in late 2024. According to the petition, the shell exploded upon firing, causing permanent damage to Marberry's hand. He asserts that Academy Sports owns the Monarch brand and assured consumers of its safety for intended use. However, the Manufacturing Defendants—Maxam North America, Inc., Maxam US, LLC; and Rio Outdoors Corp.—are accused of failing to produce safe products or provide adequate warnings about potential malfunctions.

Marberry’s legal team argues that the defendants’ negligence resulted in significant harm. They claim the companies breached their duty by manufacturing defective shells and failing to warn about risks associated with their use. The lawsuit accuses all defendants of negligence and gross negligence for selling a product prone to malfunctioning without proper inspection or warnings. Additionally, it highlights breaches of implied warranties by Academy Sports for marketing unsafe products as merchantable.

The plaintiff seeks damages exceeding $1 million for past and future medical expenses, lost earning capacity, pain and suffering, mental anguish, impairment, disfigurement, and other compensatory damages. Furthermore, Marberry demands exemplary damages due to what he describes as reckless disregard for consumer safety by the defendants.

Representing Luke Marberry are attorneys Kurt Arnold (SBN: 24036150), Roland Christensen (SBN: 241012227), Alec Paradowski (SBN: 24424773), Daniel Moreno (SBN: 24129845) from Arnold & Itkin LLP based in Houston. The case is filed under Case ID 2025-20749 in Harris County's 164th Judicial District Court.

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