Logourl black
From our private database of 14,100+ case briefs...

McQuiggan v. Boy Scouts of America

Maryland Court of Special Appeals
536 A.2d 137 (1987)


Facts

McQuiggan (plaintiff), a minor, by and through his guardian, filed suit against the Boy Scouts of America (Boy Scouts) (defendant) and two other fellow boy scouts (defendants) for assault and battery after McQuiggan was injured when a paper clip hit his eye. The incident occurred immediately prior to a Boy Scouts meeting in which McQuiggan and the two other defendants voluntarily ran up and down a hallway shooting paper clips at each other from rubber bands, similar to a sling-shot. All of the participants knew the object of the game and that there was a chance somebody could be hit with a paper clip. The boys chased each other for several minutes. When McQuiggan was done playing, he stopped running around with the other boys. However, McQuiggan did not communicate to the others that he no longer wanted to play the game. McQuiggan was then struck in the eye with a paper clip. The trial judge found that McQuiggan could not prevail, because he testified that he actively and freely participated in the game. Thus, the trial judge granted the defendant’s motion for judgment in their favor. McQuiggan appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Gilbert, C.J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.