Military Academy Settles Wrongful Death Lawsuit

Shannon Weidemann

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A wrongful death lawsuit brought against Missouri Military Academy has been settled out of court. The Academy will pay the parents of Alain Garcia $700,000 to settle the lawsuit. He was killed in a firing range accident in 2004.

According to the lawsuit, filed in May 2007, Garcia, a sophomore, was shot during Junior ROTC training when a freshman cadet adjusted his firing mat at an instructor’s request. When the student turned to fix his mat, the butt of his .22 caliber M-12 rifle hit the ground, discharging a bullet that struck Garcia in the heart.

The rifle had a sensitive hair or “ghost” trigger with less than one pound of trigger pull, the complaint alleged.

The Academy is a private middle and high school with 280 students. The Academy and the victim's parents has no comment about the lawsuit and settlement.

Visit InjuryBoard's Help Center for more on information about filing a wrongful death lawsuit.