Admiral Ins. Co. v. State Broadcasting Corp.

The plaintiff's extremely intelligent and quick-witted 11-year-old son assumed the risk of injury when he jumped from a tree into the adjacent river for the fun in it.

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These appeals arise from the denial of summary judgment to defendants in a negligence action and to the plaintiff insurance company in a related declaratory judgment action regarding possible coverage under an insurance policy. Because the injured party in the negligence action assumed the risk of injury, the trial court erred in denying summary judgment to the defendants; and since those defendants are not liable, the issue of whether there is coverage under the insurance policy is moot. On appeal, we review the trial court’s summary judgment ruling de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Bruntz v. Cotton Tail Hunt Club , 291 Ga. App. 200 661 SE2d 849 2008. Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id.

So viewed, the evidence shows that on the morning of Saturday, July 5, 2008, Anthony Taylor took his 11-year-old son, R. T., to a fund-raising event for the East Dublin Lions Club held at Buckeye Park in East Dublin, Georgia. The event was sponsored, in part, by a local radio station owned by State Broadcasting Corporation. Once inside the park, Anthony Taylor sat down near the bank of the adjacent Oconee River and began drinking beer. Later that day, R. T. waded across the river to the opposite bank and, along with others, began climbing and jumping out of a tree that had a rope swing on it. Over the course of four or five hours, he jumped out of the tree between 50 and 75 times, sometimes using the rope swing and sometimes not using it. During that time period, the father continued to sit on the river bank, drink beer and watch as his son climbed and jumped out of the tree.

Admiral Ins. Co. v. State Broadcasting Corp.

The plaintiff's extremely intelligent and quick-witted 11-year-old son assumed the risk of injury when he jumped from a tree into the adjacent river for the fun in it.

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