Daniels v. Byington

WALTERS, Chief Judge.

James and Ann Daniels sued their neighbors, Dale and Shirley Byington, after the Daniels’ six-year old son fell from a stationary boat on the Byingtons’ property. The district court entered summary judgment in favor of the Byingtons. The Daniels appeal. They contend that the district court erred in concluding there was no concealed, dangerous condition on the boat and that, as a matter of law, the child would be held to have appreciated the dan ger associated with falling from an elevated structure. We affirm.

The facts of this case are not in dispute. Jim Daniels suffered…