Collins v. City of Summerville

The plaintiff failed to present evidence that the city willfully or maliciously failed to warn him of a park swing's dangerous condition.

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Jimmy A. Collins was allegedly injured while using a swing in a park owned by the City of Summerville hereinafter, the “City”. He brought an action against the City, claiming that it negligently installed and maintained the swing equipment. The trial court granted the City’s motion for summary judgment, and Collins appeals. Finding no error, we affirm. Summary judgment is appropriate where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 “To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.”2 On appeal from a grant of summary judgment, we conduct a de novo review of the evidence, and construe the evidence in favor of the non-moving party.3 So viewed, the evidence shows that on March 15, 2003, Collins, who was 17 years old, was using a swing at Dowdy Park when the swing’s chain became detached from the metal frame supporting it. He fell to the ground and broke his ankle.

When it purchased the swing, the City received instructions from the manufacturer, GameTime, stating that “all equipment should be installed on soft, resilient, energy-absorbing ground surface. Never install play equipment over concrete or asphalt. A fall on a hard surface can result in serious injury to the equipment user.” They further listed every part necessary for installation of the equipment and directed “never add components not intended for use with this product.” The instructions also provided: Replace all worn S-hooks. S-hooks must be completely closed. To close S-hooks properly, use GameTime S-hook pliers. Failure to close S-hooks properly can result in serious injury to the user. Never reuse S-hooks. The S-hook GameTime uses on its equipment has a “unique design of overlap” that varies from a standard S-hook because the design makes it “easier for the end user to know they have closed the S-hook completely.”

Collins v. City of Summerville

The plaintiff failed to present evidence that the city willfully or maliciously failed to warn him of a park swing's dangerous condition.

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