Pearson v. Small World Day Care Center, Inc.

Smith, Judge.

Matthew Hawkins, by his next friend, his mother Nancy Pearson, brought suit against Small World Day Care Center, Inc., to recover damages for injuries he sustained when he fell from the monkey bars on a playground at the center. He appeals from the trial court’s grant of summary judgment to the center. Because we find that issues of fact remain for jury resolution with regard to Matthew’s capacity to appreciate the danger or assume the risk and with regard to the center’s negligence, we conclude that summary judgment was improper. We therefore reverse the judgment below.

The…