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Kull v. Six Flags Over Ga. LP

A jury question remained as to whether the plaintiff assumed the risk of injury by inserting metal pliers into a light socket on electronic scoreboard since the evidence did not show that the plaintiff had any reason to believe that electricity would be flowing to the scoreboard after the fuse blew or that the scoreboard had been improperly wired.

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Joseph Kull appeals the grant of summary judgment to Six Flags Over Georgia II, L.P. He contends that the trial court erred by granting judgment to Six Flags because Six Flags knew that it had an uninspected, deteriorating electrical component in its scoreboard and exercised no care for it; that he exercised care for the safety of his workplace and himself; and that the statute of repose does not bar his claim.

Six Flags, however, denies that it knew of any problems with the scoreboard’s wiring. It also contends that Kull was an independent contractor responsible for ensuring the safety of his workplace, who stood on a metal ladder and inserted metal pliers into a light socket without ensuring that no electricity was flowing to the scoreboard. Therefore, Six Flags contends that Kull’s own actions caused his own injuries.

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