Lynch ex rel. Lynch v. Stull

OTT, Judge.

The sole issue is whether the court below was correct as a matter of law in directing a verdict for the appellees/defendants. We hold that the court erred and accordingly reverse.

The minor plaintiff (then 10 years old) and two twelve year olds were playing with a two-wheeled boat trailer. They had placed a sheet of plywood over the trailer frame and would hitch the trailer to a bicycle. One would pedal while the other two would ride. The riders had no rails or anything else to hang on to.

Rodney Stull was driving by in an automobile. He responded to a call from the boys to hitch the…