Spivey v. Vaughn

Benham, Judge.

Appellee’s decedent was fatally injured when he fell and struck a piling while waterskiing. Appellants are father and son, the owner and operator, respectively, of the motorboat behind which the decedent was skiing at the time he sustained the fatal injury. Appellants sought and were granted the right to file an interlocutory appeal from the trial court’s denial of their motion for summary judgment.

Appellants maintain they are entitled to summary judgment because the decedent assumed the risk of injury. It is undisputed that appellee’s decedent was an excellent waterskier, a…