Brief Description of Case:
Kindergarten student advised not to use monkey bars during PE class on playground safety. Plaintiff snuck over to monkey bars and jumped to reach monkey bar ring and missed and fell. PE teacher was 5 feet away and saw and yelled to stop and plaintiff jumped anyway. 5 year old plaintiff sustained a compound fracture of the arm.
Court or Jury’s Decision and Reasoning:
Unanimous verdict in favor of defense. Jurors found there was no negligence on part of school district that caused this accident. Accident was a result of plaintiff’s actions and occurred in a sudden and spontaneous manner.