Beal v. Kuptchian

Plaintiff, Edward Beal, by his mother and next friend, appeals from the summary judgment granted by the circuit court of St. Clair County in favor of defendant, Frank Kuptchian, d/b/a Fraad’s AG Market. We affirm.

On the afternoon of April 12, 1985, Edward and his two sisters . were walking along the walkway adjacent to defendant’s store on their way to the store to purchase something. Edward, age 15 at the time, was bouncing a basketball as he walked. On one of the bounces, the basketball struck a roof overhang some nine feet above the walkway, approximately four or five inches away from a…