Indian Acres of Thornburg, Inc. v. Denion

The dispositive question in this tort action is whether the evidence was sufficient to present a jury question upon the issues of primary negligence and proximate cause.

Donna Marie Denion, the plaintiff below, was injured on July 11, 1970, in Spotsylvania County on property owned by defendant, Indian Acres of Thornburg, Inc., when she was struck in the face by a piece of concrete dropped from an observation tower by the co-defendant Gary Biller, who was 12 years of age. She alleged that Indian Acres was negligent because it permitted unsupervised children to climb the tower, because it…