Howell v. Cook

Sharon Howell, individually and as the next friend of Robert Shane Rhodes, appeals from a summary judgment for Barry and Carol Cook on Howell's claim of negligence. We affirm.

Viewed most favorably toward Howell, the supporting deposition sets out the following facts: Robert Shane Rhodes (hereinafter "Shane") and a friend of his offered to mow the Cooks' lawn. Carol Cook agreed, and a price was arranged, with the provision that Shane and his friend use their own lawnmowers and gasoline.

Shane was not wearing shoes as he mowed, and had stepped on numerous over-ripe peaches that had fallen from a…