Roth v. Wu

Sognier, Chief Judge.

Aaron Roth brought suit by his next friend, his mother, against Dr. James C. Wu and Debbie Sanders to recover damages for injuries suffered when he was struck by an automobile driven by Sanders in a driveway located on the premises of the apartment complex owned by Wu in which the Roths resided. The trial court granted Wu’s motion for summary judgment, and Roth appeals.

The record reveals that appellant, who was seven years old at the time of the accident, left the family apartment to go to the vending machine in the laundry room across the driveway, and was crossing the…