THE DOWNEY MEMORIAL CHURCH INTERDENOMINATIONAL, INC. AND SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, APPELLANTS,
v.
BRUCE CHRISTOPHER KNOWLTON, A MINOR, BY HIS FATHER AND NEXT FRIEND, MELVIN B. KNOWLTON, AND MELVIN B. KNOWLTON, INDIVIDUALLY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A twelve-year-old boy lost his eye when struck by a protruding eye bolt on a volleyball net standard at a church playground while the boys were misusing the equipment. The court reversed the judgment for the plaintiff, holding that the attractive nuisance doctrine did not apply because the volleyball standard was neither inherently dangerous nor a trap or latent danger.
The attractive nuisance doctrine did not apply because the volleyball net standard was neither inherently dangerous nor constituted a trap or latent danger, which are essential elements of that doctrine. The injury resulted solely from misuse of the device by the children, not from an inherent hazard.
[1] The attractive nuisance doctrine requires that the condition causing injury be inherently dangerous, a trap, or a latent danger.
[2] Misuse of playground equipment by children does not establish that the equipment was inherently dangerous for purposes of the attractive nuisance doctrine.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The attractive nuisance doctrine may protect one against another's negligence, but it does not presume to protect him against his fault, bad luck, improvidence or misfortune.”
Establishes the limitation of the attractive nuisance doctrine—it does not shield against the plaintiff's own negligent conduct or misuse of property
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBruce Knowlton, age 12, lived across the street from Downey Memorial Church, which maintained a lighted playground area. Late one evening, Bruce and t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inherently Dangerous Condition cases and more on FLexlaw
OWEN, Chief Judge.
In this personal injury action wherein the minor plaintiff and his parent recovered a judgment, the sole issue on appeal is the applicability of the attractive nuisance doctrine. Twelve-year-old Bruce Knowlton lived with his family across the street from the Downey Memorial Church. The latter used part of its property as a playground area. Bruce, together with his brother, Brent, and a friend, Robert Fensler, were playing in the Knowlton yard about 9 :00 at night, when they decided to go over to the church playground, it being lighted and in use by other children whose parents were attending the mid-week service at the church. When the other children left, the three boys remained on the property, playing upon one of the two volleyball net standards which were a part of the church’s playground equipment. These standards or poles were “homemade”, consisting of a metal pipe eight to ten feet in height and set upright in concrete poured into an old automobile tire (which constituted the base).
Mounted in each pole were two eye bolts to which the volleyball net was attached when in use. The eye bolt went through the metal pipe, protruding approximately two inches on the opposite side. The boys would incline the pole to a horizontal position, and then with Brent holding on to the extreme end of the pole, Bruce and Robert would step on the base thereby causing the pole to swing to its upright position and raise Brent off the ground. Unfortunately, after two or three such capers, Brent lost his grasp causing the pole to swing to the upright position rapidly, as a result of which the protruding portion of the eye bolt struck Bruce in the eye causing the loss of the eye.
The error claimed is the trial court’s denial of appellant’s motion for directed verdict, made initially at the close of the plaintiff’s case and renewed' at the close of all of the evidence. We conclude that defendant was entitled to a directed verdict, as the doctrine of attractive nuisance (upon which the case was tried) was not applicable under the facts of this case.
Assuming arguendo that the playground was attractive and alluring to children, the condition which caused the injury to the minor plaintiff i. e., the volleyball net standard, was neither inherently dangerous nor did it constitute a trap or latent danger, an essential element of the attractive nuisance doctrine. Sparks v. Casselberry Gardens, Inc., Fla.App.1969, 227 So. 2d 686; Maxymow v. Lake Maggiore Baptist Church, Fla.App.1968, 212 So. 2d 792; Switzer v. Dye, Fla.App.1965, 177 So. 2d 539; Banks v. Mason, Fla.App.1961, 132 So. 2d 219. By way of comparison with a sampling of other cases, the volleyball net standard in question was no more inherently dangerous than was the power pole in Tampa Electric Company v. Lariscy, Fla.App.1964, 166 So. 2d 227; the couch in McDaniel v. Mendez, Fla.App.1967, 198 So. 2d 75; the pile of sand in Edwards v. Maule Industries, Inc., Fla.App.1962, 147 So. 2d 5; or the pile of rock in Jackson v. Whitmire Construction Company, Fla.App.1967, 202 So. 2d 861.
The injury occurred only because the device was being misused, and in the process one of the minor plaintiff’s companions lost his grip on the pipe allowing it to return to an upright position at an accelerated speed. As stated by Justice Terrell in Newby v. West Palm Beach Water Company, Fla.1950, 47 So. 2d 527, “The attractive nuisance doctrine may protect one against another’s negligence, but it does not presume to protect him against his fault, bad luck, improvidence or misfortune.”
The judgment is reversed and this cause remanded with instructions to enter judgment for the defendant.
Reversed and remanded.
WALDEN and CROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Knowlton v. The Downey Mem'l Church Interdenominational, Inc., 300 So. 2d 896 (Fla. 1974)…Certiorari denied. 290 So. 2d 549. ROBERTS, BOYD, McCAIN and OVERTON, JJ., concur. ADKINS, C. J., and ERVIN and DEKLE, JJ., dissent.…
Authorities Cited
- Newby v. W. Palm Beach Water Co., 47 So.2d 527 (Fla. 1950)
- Ted M. Banks v. Mason, 132 So. 2d 219 (Fla. 2d DCA 1961)
- Jackson v. Whitmire Constr. Co., Inc., 202 So. 2d 861 (Fla. 2d DCA 1967)
- Switzer v. DYE, 177 So. 2d 539 (Fla. 1st DCA 1965)
- Edwards v. Maule Indus., Inc., 147 So. 2d 5 (Fla. 3d DCA 1962)
- Glisson v. Cent. OF Ga. Ry. Co., 147 So. 2d 5 (Fla. 3d DCA 1962)
- Tampa Elec. Co., Inc. v. Lariscy, 166 So. 2d 227 (Fla. 2d DCA 1964)
- Padgett v. State, 198 So. 2d 75 (Fla. 2d DCA 1967)
- Maxymow v. Lake Maggiore Baptist Church OF ST. Petersburg, 212 So. 2d 792 (Fla. 2d DCA 1968)
- Edlie R. Sparks v. Casselberry Gardens, Inc., 227 So. 2d 686 (Fla. 4th DCA 1969)