Pilgrim v. Brookfield West, Inc.

Stolz, Judge.

The plaintiffs, a father and his minor son, brought separate actions against the defendant developer for damages for the son’s personal injuries sustained in driving his motorcycle into a cable which the defendant had stretched across a dirt road on its property.

The trial judge denied the defendant’s motion for summary judgment in both actions. This order was certified for immediate review and the defendant filed a notice of appeal therefrom. Subsequently, the defendant unilaterally withdrew its appeal, and the judge entered an order granting summary judgment for the defendant, *620fr…