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MUSE et al. v. OZMENT.
CARLEY, Judge.
Action for damages. Floyd Superior Court. Before Judge Royal.
The appellants in this case are Robyn Muse and her mother, Bobbie Muse. The litigation below arose out of an unfortunate incident occurring at a family gathering. Four-year-old Robyn, her mother and other relatives were guests at the home of the defendant-appellee who is Robyn's uncle and Bobbie's brother. After dinner, the men retired to the living room and the ladies to the patio. Robyn and her nine-year-old cousin, appellee's son, went into the backyard to play. Her cousin obtained a golf club from an unlocked storage building behind the house. When her cousin took a swing with the gulf club, Robyn, who was standing behind, was struck in the forehead. Robyn, by her mother as next friend, filed suit against appellee and his son. She alleged that her cousin had negligently wielded and swung the golf club so as to strike her. The allegations against appellee were that he "was negligent in not exercising control of [his son, appellant's cousin], and allowing him to wield this potentially dangerous instrument." It was further alleged that appellee knew that his son "was unskilled and unfamiliar with the use of adult golf clubs . . . and failed to properly instruct [his son] in safety procedures rewarding its use. Robyn Muse sought $150,000 in damages. Robyn's mother filed a simultaneous action against her nephew and appellee, her brother, alleging the same acts of negligence against them as had her daughter's complaint. Robyn's mother sought to recover Robyn's medical expenses and $50,000 in damages.
After discovery, appellee, as a defending party, moved for summary judgment in each civil action. Appellee's motion was granted, leaving his minor son as the sole defendant in each case. Robyn and her mother appeal from this grant of summary judgment which had the effect of dismissing each appellant's case against appellee.
App. 808 (159 SE2d 108) (shotgun). In cases of this sort the question is whether the facts of the case impose upon the parent a duty to anticipate injury to another through the child's use of the instrumentality. [Cits.] In all the above cited cases, causes of action against the parents of minor tortfeasors are rooted in the common law and are predicated on something more than the mere parent-child relationship." Corley v. Lewless, 227 Ga. 745, 747 (182 SE2d 766) (1971).
Scarboro v. Lauk, 133 Ga. App. 359, 361, supra. The grant of summary judgment to appellee was proper. Poythress v. Walls, 151 Ga. App. 176, supra.
J. Clinton Sumner, Jr., Raymond H. Cox, for appellee.
Robert W. Steinbruegge, William D. Sparks, for appellants.
Friday May 22 00:59 EDT

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