Ruiz ex rel. Ruiz v. Westbrooke Lake Homes, Inc.

BARKDULL, Judge.

Eleven year-old Dennis Ruiz was injured while playing on the monkey bar section of a jungle gym recreational device owned and maintained by the Westbrooke Lakes Homeowners Association, Inc. Prior to his accident, Dennis played on the jungle gym several times a week and while doing so engaged in various games including tag, in which Dennis and his friends chased each other around the jungle gym attempting to avoid the stigma of being “it.”

Dennis’ injuries resulted from his involvement in one such episode of tag. While playing on the monkey bar section of the jungle gym device,…