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Torts keyed to Best
McQuiggan v. Boy Scouts of America
Citation:536 A.2d 137 (Md. Ct. App. 1987).
Nicholas was dropped off by his mother at a local church to attend a Boy Scout meeting, also attended by Hamm and McDonnell. Upon arrival, Nicholas noticed the boys playing a paper clip shooting game.
After some time, Nicholas was asked to join in the game. He did so voluntarily and testified he knew the object of the game, its risk, and felt no pressure to join in with the fellow scouts.
Nicholas and an unidentified scout chased Kevin and Billy down the hallway. Although Nicholas did not have a paper clip, he attempted to deceive the other boys by using an elastic hair band. The unidentified scout did have paper clips and was shooting them at Kevin and Billy.
Nicholas returned to the meeting room, while the unidentified scout continued to play, and began to walk toward a table. He testified he “stopped playing” at this point, although he had not communicated this to the other participants.
At this point, Nicholas felt something in his right eye. After brushing his eye, a paper clip dropped to the floor.
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