BB Gun

Marc Clark was a student at Jesuit. On March 27, 1987, a few minutes after school dismissal, Marc was leaving the main school building when he was approached outside the doors by a fellow student named Rene Pagan. Unknown to Marc, Rene was carrying a Crosman BB Automatic Pistol in his book bag. After jokingly saying a few words to Marc, Rene reached into his book bag and pulled the trigger of the gun, which discharged a B.B. through the bag. The B.B. struck Marc Clark in the right eye, causing the injuries complained of herein. Plaintiff filed suit against Jesuit and the manufacturer of the gun. Jesuit brought a motion for summary judgment asserting that it could not be liable for the incident as a matter of law under either a theory of strict liability or negligence. The trial court granted the motion and dismissed plaintiff's action against Jesuit. On appeal, plaintiff contends that there are genuine issues of fact as to whether Jesuit had constructive knowledge of the situation, so as to be strictly liable, and whether Jesuit was at fault for failing to adequately supervise the students. After reviewing the record, we find that the summary judgment was proper.

Link (here) to read the full legal proceeding of Marc Clark Verses JESUIT HIGH SCHOOL OF NEW ORLEANS and Crosman Airguns Company, Inc.