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Way v. Boy Scouts of America

856 S.W.2d 230 (1993)

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Way v. Boy Scouts of America

Texas Court of Appeals
856 S.W.2d 230 (1993)

Facts

Jan Way (plaintiff) sued Boy Scouts of America (Boy Scouts) (defendant), National Shooting Sports Foundation, Inc. (defendant), and Remington Arms Company, Inc. (defendant), for the death of her son, Rocky William Miller (Rocky). The Boy Scouts published an issue of Boys’ Life magazine that contained a 16-page supplement on shooting sports, which included advertisements for firearms and ammunition manufacturers, articles on how to shoot, and a checklist on firearm safety. Way alleged that as a direct result of reading the supplement, Rocky experimented with a rifle with his friends. The rifle accidentally discharged, killing him. Way based her suit on theories of negligence and strict products liability, claiming negligent publication of the advertising supplement in Boys’ Life, and that the information contained in the supplement made the magazine a defective product. The trial court granted the Boy Scouts’ motion for summary judgment. Way appealed.

Rule of Law

Issue

Holding and Reasoning (Whittington, J.)

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