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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