Jackson v. Young

Clark, Judge.

This case involves a negligence action brought by a minor plaintiff, by next friend, against a minor defendant. The defendant, who was 12 years old at the time, is alleged to have negligently swung a golf club which struck the plaintiff in the eye and virtually destroyed the sight therein. Plaintiff was 8 years old.

Plaintiff appeals the grant of a motion for summary judgment to the defendant. and enumerates the same as error. Held:

1. It has recently been held that a minor defendant who has not attained the age of 13 at the time of the tort is immune from suit. See Brady v.…