Kemline v. Simonds

While 8-year-old plaintiff Karen and her parents were social guests at the home of defendants Mr. and Mrs. Simonds, Karen received injuries which resulted in this action. Karen and her father, who sued for medical expenses, appeal from the judgment entered upon a jury verdict in favor of the Simonds. The principal issue is whether the court erred in instructing the jury upon the doctrine of assumption of risk.

Defendants had a swimming pool in their back yard. The most direct route from the house to the pool was through a doorway in the family room which opened onto a patio, beyond which was…