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A $10-million wrongful death lawsuit has been filed by the family of a 10-year-old boy who died in a jet-ski crash earlier this summer, according to court documents.
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The legal action is being taken against the Middle Tennessee Council for the Boy Scouts of America, people.com reported.
Jack Gear, of Union City, Tenn., died on July 16 while at a summer camp at Boxwell Reservation as part of the Tennessee National Guard Youth Development Week, documents filed in the Circuit Court for the 20th Judicial District of Tennessee show.
Gear was reportedly riding on a Sea-Doo being driven by a 19-year-old camp employee when the watercraft was struck by another jet ski being operated by another employee, the complaint said.
“The force of the impact between the Jet-Skis was so great, that Jack was fatally injured and the driver of the Jet-Ski that Jack was on was critically injured,” the complaint alleged.
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It also alleged that Gear’s injuries and death were caused by “negligence and reckless conduct” of employees, agents and representatives of the Middle Tennessee Council, Boy Scouts of America.
Additionally, court documents noted that the use of personal watercraft is prohibited by the Boy Scouts, per their “Guide to Safe Scouting,” and alleged that it is unclear if the camp obtained an exemption to operate the vehicles.
According to the lawsuit, the two watercraft operators were also born after Jan. 1, 1989, and they were” required by law to take the Boating Safety Exam and be issued a Boating Safety Education Certificate before they could operate a Jet-Ski.”
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Attorneys for the Boy Scouts and Gear’s parents, Xson and Crystalyn Gear, did not immediately respond to a request from people.com for additional comment on the pending lawsuit.
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A rep for Boxwell Reservation also did not reply to a request for comment.
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“Scouting America is deeply saddened over the passing of Jack Gear, and we offer condolences to his family and friends,” a spokesperson told McClatchy News. “As this is active litigation, we will not comment further.”
The boy had just completed fourth grade. He was enrolled at Union City Middle School for the coming year when the crash happened, according to his obituary.
“Jack loved reading and video games,” his obituary reads. “He was loved by all and will be truly missed.”
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