Ethermac Exchange-Parents sue Boy Scouts of America for $10M after jet ski accident kills 10-year-old boy

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

Crystalyn Gear and Xson Gear are suing the council after their son, Jack Elliott Gear, died in the accident on July 16. In the lawsuit filed on Aug. 30 in Tennessee's 20th Judicial District, the parents said their son died “an untimely 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 happened at Boxwell Scout Reservation this summer," he said. "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 Boy Scouts of America's national media team sent USA TODAY a similar statement Friday.

"We are heartbroken over the loss of Jack Gear and offer our condolences to his family and friends," the statement read. "As this is pending litigation we will not have further comment."

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 enrolled there as a camper, set to attend from July 14 to 19, according to the lawsuit.

The Middle Tennessee Council leases 1,100 acres of land on the Boxwell Reservation, which has camping spots and outdoor activities. The Middle Tennessee Council also manages boat docks on the property, as well as jet skis, the lawsuit said.

According to the lawsuit, the Boy Scouts of America owns the Sea-Doo brand jet skis involved in the accident and during the crash, camp employees were driving the vehicles. 

The boy’s parents said in the lawsuit that a camp employee was driving a jet ski with their son as a passenger. That’s when a staff member and camper riding another jet ski ran into the pair, killing the boy and critically injuring the boy’s driver, the lawsuit reads. The driver and passenger on the jet ski that ran into them were not injured, according to the lawsuit.

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

Camp staff were not properly certified, lawsuit claims

The Gear family in their lawsuit said the camp staff members operating the jet skis were supposed to complete the Tennessee Wildlife Resources Agency’s Boating Safety Exam, required by law for those born after Jan. 1, 1989. Both employees driving the jet skis were born after this date, the family said. 

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

“It is not known if the Middle Tennessee Council ever requested or was granted an exemption from the Boy Scouts of America to operate personal watercraft as of July 16, 2024,” the lawsuit reads.

The family called jet skis “inherently dangerous” and said the 9 to 12-foot vehicles can weigh up to 1,000 pounds. 

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

They went on to say that the vehicles can reach speeds of 70 miles per hour or more and it can take up to 300 feet for them to stop completely.

The family said the Middle Tennessee Council was responsible for making sure the jet skis were properly supervised so no one got hurt.

Parents suing for $10 million

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

“In this tragic event, a precious 10-year-old child lost his life in a jet ski accident, and a beloved camp counselor was left 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 who have been touched by this profound loss.”

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

His parents said in their lawsuit that Jack died an “early, unnecessary and wrongful death.” They are suing for the boy’s “physical pain, suffering and mental anguish before his death,” as well as the impact this loss has had on his siblings.

He would’ve turned 11 on Sept. 18 and was planning to start middle school at Union City Middle School this school year. He loved reading and video games as well.

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

Contributing: Andy Humbles, The Tennessean

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