Edgar Morrison, Individually and as Next Friend of His Minor Son, John Morrison v. Gregg Sudduth, a Minor

This diversity case presents three challenges to the judgment of a district court in a negligence action tried before a jury. We affirm.

The plaintiff-appellee, John Morrison, sustained severe head injuries when struck in the head by a golf club swung by the defendant-appellant, Gregg Sudduth. The undisputed facts of the accident show that 13-year-old John was showing 11-year-old Gregg how to grip a golf club. While standing next to Gregg, John demonstrated the grip. He then handed the club to Gregg and began to step behind the younger boy to get out of the way. Neither boy looked at the other…