Plaintiff Richard Hawkins, John Skelly, and Kevin Bassinger, all minors under the age of 13, were playing baseball with a plastic bat in the back yard of Kevin's house. John threw the ball to Kevin, who hit it with the bat into the bushes. While Richard was retrieving the ball, Kevin asked John to throw him a rock at which Kevin swung and missed. John threw Kevin another rock which Kevin hit. The rock ricocheted off a tree and hit Richard in the eye. Plaintiffs, Richard and his parents, brought a lawsuit against John III, Kevin and their fathers to recover damages for Richard's injuries. John III's father filed a motion for summary judgment which was granted by the trial court, and plaintiffs appeal from that order.
Since there is no issue of principal-agent or master-servant, defendant's liability, if any, must be based on "some factual situation such as allowing [John III] to have unsupervised control of a dangerous instrumentality." Jackson, supra.