ELLEDGE V. RICHARD/LEXINGTON SCHOOL DISTRICT FIVE 534 S.E.2d 289 (2001) CASE BRIEF

ELLEDGE V. RICHARD/LEXINGTON SCHOOL DISTRICT FIVE

534 S.E.2d 289 (2001)

NATURE OF THE CASE: Elledge (P) appealed a judgment for Richard (D) in P's negligence action for injuries alleging the trial judge erred in excluding evidence of playground industry standards and in charging the jury.

FACTS: Ginger, a nine-year-old fourth grader slipped and fell while playing on the school playground's modified monkey bars. They were designed to stand approximately four and one-half feet off the ground with a bench running underneath. Children were encouraged to sit or lie on the bench and pull themselves along the length of the bars. Three years prior to Ginger's accident, the school principal saw children climbing on top of the bars rather than lying on the bench. He contracted a playground equipment sales representative to make safety recommendations. The representative, who was not trained or licensed as an engineer, modified the monkey bars by removing the bench and lowering the bars. This formed an inclined 'ladder,' with parallel bars from twenty to thirty inches off the ground. Tires were installed for mounting and dismounting, and the children were encouraged to walk across from one end to the other. The thin side bars were not intended as a walking surface. Neither handrails nor a non-slip surface was added to the 'new' monkey bars. Ginger was walking across the bars after a light rain. She slipped on a narrow bar and her right leg became trapped between the bars. Ginger suffered a severe 'spiral-type' fracture in her right femur. P sued D for negligence and gross negligence pursuant. The court granted D's motion in limine to exclude 'any testimony and/or documentary evidence' relating to the Consumer Products Safety Commission's (CPSC) guidelines for playground safety or the American Society for Testing and Materials' (ASTM) standards for playground equipment. D got the verdict. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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