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Playground injury puts owner at risk of negligence

Unique circumstances hinder child's fight for justice

While 10-year-old Colmore Rinehart IV was playing with friends in the playground of the Boys and Girls Club, he was hit in the head by a rock thrown by an unknown assailant from outside the premises. Colmore was enrolled in an after-school program at the club. Through his guardian, Rinehart brought this lawsuit against the club, alleging there should have been more than one supervisor for the playground area. Club officials replied they had never seen any nonmembers throwing rocks from outside the fenced playground. Purchase Bob Bruss reports online. Supervisor Briana Joy Baker, who had an unobstructed view of Rinehart and his friends, said she had not observed anything unusual before the event. If you were the judge would you rule the Boys and Girls Club is liable to Colmore Rinehart for his injuries due to negligent supervision? The judge said no! The criminal assault and battery by an outside nonmember was not foreseeable as there had been no previous similar rock throwing incident...