Simpson v. May

Plaintiff A. C. Simpson, as guardian ad litem for D. Bruce Simpson, a minor, brought this action to recover damages for a permanent eye injury received by Bruce while engaged with friends in throwing cattail heads at each other. This appeal stems from an order of the trial court granting defendants’ motion for nonsuit and dismissal with prejudice. The order was based upon a determination by the trial court that Bruce Simpson assumed the risk of being injured by voluntarily participating in the cattail throwing activities with knowledge of the risk involved, and was therefore barred from…