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The mother of the 8-year-old Rockford boy shot in both arms on Sept. 2 has filed a lawsuit on behalf of her son and herself against James Travis Bivens.

According to the lawsuit filed by Randal Harrison Tipton Jr., by next friend Debra Kay White (his mother) and by her individually Friday in Blount County Circuit Court, Randal was in a residential area of Chambers Road, Rockford, when the shooting occurred.

While outdoors, the boy "was in the vicinity of where some dogs were barking. While the dogs barked, the defendant, James Travis Bivens, got a .30-30 caliber high-powered rifle designed for big game hunting and went outside," the lawsuit states.

Once outside Bivens, fired the rifle over the heads of the dogs and the bullet hit the boy in both arms, according to the suit.

It charges that the action of Bivens was felony reckless endangerment. Bivens is guilty of gross negligence and breached the duty of due care, the suit states.

The lawsuit asks for compensatory, incidental and consequential damages, but does not give a specific amount.

The lawsuit says Tipton suffered great pain and suffering, mental trauma, post-traumatic stress syndrome, loss of usual enjoyment of life and has scars on his body. It also states that the boy suffered a degree of permanent impairment and disability, great medical expenses and future pain and suffering.

The suit charges the mother suffered mental trauma, post-traumatic stress syndrome, confinement tending her son, travel expenses and lost wages.

Additionally, it charges Bivens is liable to the boy and his mother for all of the damages.

A jury trial is being demanded.