Genesee Merchants Bank & Trust Co. v. Payne

Mary Ann Blaisdell, a minor, cut her Achilles’ tendon while on defendants’ premises and brought this action through her guardian to recover for personal injuries sustained.

Defendants were to take care of Mary Ann (as well as the Blaisdells’ other children) while the Blaisdells were visiting another child in the hospital. The Paynes drove the Blaisdell children to their residence and the children of both families played together, in and about the Payne house and yard. During the course of the afternoon, Mary Ann cut her Achilles’ tendon on some object in the yard. Sometime subsequent to the…