Phillips ex rel. Phillips v. Phillips

SPECTOR, Judge.

Appellant seeks reversal of a summary judgment entered in favor of the defendant in an action for damages.

Appellant, James Shannon Phillips, was seven years old at the time of the accident *150and playing in the yard of his grandfather’s home during a family barbecue. After everyone had finished eating, the grandfather, appellee, collected the paper plates and trash and threw it into the barbecue pit. The barbecue pit was made from one-half of an oil drum covered by a grate. The trash did not ignite from the coal fire, so appellee threw a coca-cola can full of gasoline into the…