Costa v. Silva, 97-0420 (1999)

DECISION

This matter comes before the court on Defendant, Carol Silva's motion for summary judgment. This Court has jurisdiction pursuant to Rule 56 of the Superior Rules of Civil Procedure.

On October 23, 1994, Plaintiff Keith Costa was injured while playing on a rock formation on property owned by one of the two defendants. At the time of the incident, Keith was 13 years old. He was familiar with the property in question and had been there many times.

Defendant Silva brings this motion on the ground that Keith assumed the risk of injury. She claims that "Keith's parents were familiar with the…