Elledge v. Richland/Lexington School District Five
South Carolina Court of Appeals
534 S.E.2d 289 (2001)
After a light rain, Ginger Elledge, age 9, was walking across the monkey bars on her school’s playground when her foot slipped on a narrow bar, and she fell. Elledge’s leg became trapped between the bars, causing a serious fracture. Approximately three years prior to the incident, the school’s principal contracted with a playground-equipment sales representative to make safety recommendations regarding the use of the monkey bars. The representative, who was not an engineer, modified the structure by removing a bench running underneath the bars on which the children sat or laid and pulled themselves along the length of the bars. Tires were also installed at each end of the bars for mounting and dismounting, and children were encouraged to walk across from one end to the other. Neither handrails nor a non-slip surface was added to the modified monkey bars. Elledge’s mother, Christine (plaintiff), filed suit against Richland/Lexington School District Five (the School) (defendant) for negligence and gross negligence. Prior to trial, the School filed a motion in limine to exclude any testimony or evidence relating to the Consumer Products Safety Commission’s (CPSC) guidelines for playground safety or the American Society for Testing and Materials’ (ASTM) standards for playground equipment. The trial judge granted the motion. The jury held for the School. Elledge appealed, arguing that the trial judge erred in excluding the evidence of playground industry standards and wrongly instructed the jury.
Rule of Law
Holding and Reasoning (Hearn, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.