In a heartbreaking turn of events, the parents of a 10-year-old boy have filed a $10 million lawsuit against the Middle Tennessee Council of the Boy Scouts of America following a fatal jet ski accident. The incident, which occurred on July 16, 2024, has sent shockwaves through the community and raised serious questions about safety protocols at Boy Scout camps.

The Incident

Jack Elliott Gear, just shy of his 11th birthday, was participating in a summer camp at the Boxwell Reservation in Wilson County, Tennessee. The camp, located about 33 miles northeast of Nashville, offers various outdoor activities, including water sports. On that fateful day, Jack was a passenger on a jet ski operated by a camp employee when another jet ski, also carrying a staff member and a camper, collided with them.

The accident resulted in Jack's tragic death and left the employee driving his jet ski critically injured. According to the lawsuit, the occupants of the jet ski that collided with Jack's were not injured. The incident occurred on the waters of the Boxwell Reservation, where the Middle Tennessee Council leases 1,100 acres of land and manages boat docks and jet skis.

Emergency Response

Following the collision, deputies quickly responded to the scene and performed life-saving measures on Jack until paramedics arrived. The young boy was then rushed to Vanderbilt Wilson County Hospital, where he tragically succumbed to his injuries. The Wilson County Emergency Management Agency later acknowledged the incident on social media, thanking the Tennessee National Guard for their response during the accident.

The Lawsuit

Crystalyn and Xson Gear, Jack's parents, filed the lawsuit on August 30, 2024, in Tennessee's 20th Judicial District. They allege that their son's death was "untimely and wrongful," pointing to several factors they believe contributed to the accident:

  1. Lack of Proper Certification: The lawsuit claims that camp staff operating the jet skis were not properly certified as required by Tennessee law. Specifically, the family states that the employees were supposed to have completed the Tennessee Wildlife Resources Agency's Boating Safety Exam, which is mandatory for individuals born after January 1, 1989. Both employees involved in the accident were reportedly born after this date.
  2. Violation of Boy Scouts' Rules: The family asserts that the Boy Scouts of America has rules preventing Boy Scout Council Districts from operating personal watercraft such as jet skis. The lawsuit notes that it's unclear whether the Middle Tennessee Council had requested or been granted an exemption from this rule.
  3. Inadequate Supervision: The parents argue that the Middle Tennessee Council failed to ensure proper supervision of the jet skis, which they describe as "inherently dangerous" vehicles.
  4. Inherent Dangers of Jet Skis: The lawsuit goes into detail about the dangers posed by jet skis, describing them as 9 to 12-foot vehicles weighing up to 1,000 pounds. It highlights that these watercraft have "virtually no steering control" when the throttle is released and possess little to no braking ability. The family notes that jet skis can reach speeds of up to 70 miles per hour and may require up to 300 feet to come to a complete stop.

Boy Scouts' Response

Larry Brown, Scout Executive and CEO of the Middle Tennessee Council, expressed devastation over the accident but declined to comment on the pending litigation. In a statement to The Tennessean, he said, "We are devastated by the tragic accident that happened at Boxwell Scout Reservation this summer. Our prayers go out to the Gear family and all those affected by this tragedy. The accident is currently being investigated by the TWRA, and we are cooperating fully with their investigation."

The national Boy Scouts of America organization echoed these sentiments, offering condolences to the Gear family. Their statement read, "We are heartbroken over the loss of Jack Gear and offer our condolences to his family and friends. As this is pending litigation we will not have further comment."

The Impact on the Family and Community

Jack's untimely passing has left a void in the lives of his family and community. He is survived by his parents, a brother and sister, grandparents, aunts, an uncle, and several cousins. Jack would have turned 11 on September 18 and was preparing to start middle school at Union City Middle School this year.

Described as a boy who loved reading and video games, Jack's obituary poignantly states, "He was loved by all and will be truly missed." The loss of such a young life has undoubtedly had a profound impact on his family and friends, as well as the broader scouting community.

Broader Implications

This tragedy serves as a somber reminder of the importance of stringent safety measures in youth activities and the heavy responsibility borne by organizations entrusted with children's care. It raises questions about:

  1. The training and certification processes for staff members at youth camps, particularly those involving potentially dangerous activities.
  2. The enforcement of safety rules and regulations within large organizations like the Boy Scouts of America.
  3. The use of potentially hazardous equipment, such as jet skis, in youth programs and the necessary precautions that should be in place.
  4. The legal and ethical responsibilities of youth organizations in ensuring the safety of children under their care.

Looking Ahead

As the legal process unfolds, many will be watching closely to see how this case might impact safety protocols not just within the Boy Scouts of America, but in youth organizations across the country. The outcome of this lawsuit could potentially lead to:

  1. Stricter safety guidelines for water activities in youth camps.
  2. Enhanced training requirements for camp staff members.
  3. Reevaluation of the use of certain types of equipment in youth programs.
  4. Increased scrutiny of youth organizations' adherence to their own safety rules and regulations.

While no legal action can undo the tragedy that has occurred, the Gear family's lawsuit may serve as a catalyst for change, potentially preventing similar incidents in the future and ensuring that Jack's memory leads to positive reforms in youth safety protocols.

This article is based on reporting by Saleen Martin for USA TODAY, published on September 6, 2024. The original article can be found at USA TODAY's website. https://www.usatoday.com/story/news/nation/2024/09/06/boy-scouts-sued-jack-gear-jet-ski-death/75101622007/?utm_campaign=wilg-eclips&utm_source=membercentralpublications&utm_medium=email&utm_content=september-9-2024