Youth Hurt by BB Gun to Get Settlement

Pennsylvania - New Jersey - New York - Nationwide

By Staff Writer
MARCH 18, 2001

PHILADELPHIA, March 17 (AP) - A teenager who suffered a severe brain injury when he was shot in the head with a pellet from an air riffle will receive a substantial settlement, according to court documents.

Lawyers for the teenager, Tucker Mahoney, 17, and his parents claimed the gun was defective because it appeared to be empty but was not. They filed a lawsuit in federal court against Daisy Manufacturing, maker of the BB gun, and the gun's retailer, the Kmart Corporation.

"They are lethal toys - two words that don't go together," said Shanin Specter, one of the lawyers.

Mr. Mahoney, of Solebury, Pa, is unable to walk or talk but is making progress, said his mother, Rebecca.

The defendants denied the gun was defective and said through an attorney that Mr. Mahoney's injuries were caused by the "reckless conduct" of a friend. The friend was charged with assault and reckless endangerment; a judge ruled that his actions were delinquent but not criminal.