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Tennessee parents sue Boy Scouts after death of 10-year-old son

By Hudson Brooklyn
Tennessee parents sue Boy Scouts after death of 10-year-old son

Two Tennessee parents are suing the Middle Tennessee Council of the Boy Scouts of America for $10 million after their 10-year-old son died in a jet ski accident with the organization in July.

Crystalyn Gear and Xson Gear are suing the city council after their son, Jack Elliott Gear, died in the accident on July 16. In the lawsuit, filed on August 30 in Tennessee's 20th Judicial District, the parents said their son died “a premature and wrongful death.”

Larry Brown, Scout executive and CEO of the Middle Tennessee Council, said in a statement to The Tennessean, part of the USA TODAY network, that the organization would not comment on the lawsuit.

“We are devastated by the tragic accident that occurred this summer at Boxwell Scout Reservation,” he said. “Our prayers are with the Gear family and all those affected by this tragedy. The accident is currently under investigation by the TWRA and we are fully cooperating with their investigation.”

Jack was on a trip to the Boxwell Reservation in Wilson County, about 33 miles northeast of Nashville, when he died. The 10-year-old boy was registered as a camper there and was scheduled to be there from July 14 to 19, the lawsuit says.

The Middle Tennessee Council leases 1,100 acres of land on the Boxwell Reservation, which includes camping and outdoor activities. The Middle Tennessee Council also manages boat launches and jet skis on the property, the lawsuit says.

According to the lawsuit, the Sea-Doo jet skis involved in the accident are owned by the Boy Scouts of America, and the vehicles were being driven by camp staff during the crash.

The boy's parents said in the lawsuit that a camp employee was driving a jet ski with their son as a passenger. Then a staff member and a camper on another jet ski drove into the two, killing the boy and seriously injuring the boy's driver, the lawsuit says. The driver and passenger on the jet ski that struck them were not injured, the lawsuit says.

Officers who arrived at the scene performed life-saving measures on the boy until paramedics arrived. He was taken to Vanderbilt Wilson County Hospital, where he succumbed to his injuries, The Tennessean reported.

Complaint: Warehouse staff were not properly certified

In their lawsuit, the Gear family argued that the camp employees who operated the jet skis had to pass the Tennessee Wildlife Resources Agency's boating safety exam, which is required by law for those born after Jan. 1, 1989. Both employees who operated the jet skis were born after that date, the family said.

The family also said the Boy Scouts of America has rules that prohibit Boy Scout Council Districts from operating watercraft such as jet skis.

“It is unknown whether the Middle Tennessee Council has ever applied for or received a waiver from the Boy Scouts of America to operate personal watercraft beginning July 16, 2024,” the lawsuit states.

The family described jet skis as “inherently dangerous” and said the 2.7- to 3.6-meter-long vehicles can weigh up to 450 kilograms.

“When the throttle is released, there is virtually no steering control,” the lawsuit states. “Jet skis have little to no braking ability.”

They further said that the vehicles can reach speeds of 70 miles per hour or more and can take up to 300 feet to come to a complete stop.

The family said the Middle Tennessee Council was responsible for ensuring the jet skis were properly supervised so no one was injured.

Parents sue for $10 million

Three days after the jet ski accident, the Wilson County Emergency Management Agency shared online condolences with the Gear family and thanked the Tennessee National Guard for their response during the accident.

“In this tragic event, a beloved 10-year-old child lost his life in a jet ski accident and a beloved summer camp counselor was seriously injured,” the agency wrote on social media. “Our deepest condolences go out to the grieving family and our thoughts and prayers are with them and all those affected by this difficult loss.”

Jack leaves behind his parents, brother and sister, as well as his grandparents, aunts, an uncle and several cousins, his online obituary said.

His parents said in their lawsuit that Jack died “untimely, needlessly and unjustifiably.” They are suing because of the boy's “physical pain, suffering and emotional anguish prior to his death” and the impact this loss had on his siblings.

He would have turned 11 on September 18th and planned to attend Union City Middle School this school year. He also loved reading and video games.

“He was loved by all and will be truly missed,” his obituary reads.

Contributors: Andy Humbles, The Tennessean

Saleen Martin is a reporter on USA TODAY's NOW team from Norfolk, Virginia – the 757. Follow her on Twitter at @SaleenMartin or email her at [email protected].

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