Abee v. Stone Mountain Memorial Ass'n

Clarke, Justice.

We granted certiorari in this matter to consider the question whether a child between the ages of seven and fourteen may ever be deemed to have assumed the risk as a matter of law.

The plaintiff 11-year-old child, accompanied by his parents, visited Stone Mountain Memorial Park. He purchased a ticket and rode on various water slides at the park. Plaintiff was injured when he was riding up the side of the flume in a curve of the “Corkscrew” ride and flipped over. In his deposition he testified that he was injured on his third trip down the slide which he described as a “thrill…