McQuiggan v. Boy Scouts of America
Maryland Court of Special Appeals
536 A.2d 137 (1987)
Relevant factsFree
McQuiggan (plaintiff), a minor, and two fellow Boy Scouts (defendants) voluntarily ran up and down a hallway before a Boy Scouts meeting shooting paper clips at each other from rubber bands, knowing the game carried a real chance of being hit. McQuiggan had stopped actively running around but never told the others he was done playing when he was struck in the eye by a paper clip. The trial judge found for the defendants because McQuiggan admitted he freely and actively participated, and McQuiggan appealed.
IssueFree
Whether a plaintiff who consents to participate in a sport, game, or contest in which injury is possible has a tort claim for an injury sustained as a result of that participation.