Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sollami v. Eaton

March 21, 2001

KATHLEEN M. SOLLAMI, PLAINTIFF-APPELLANT, AND PHILLIP SOLLAMI, PLAINTIFF AND COUNTERDEFENDANT-APPELLANT,
v.
LAWRENCE EATON, DEFENDANT AND COUNTERPLAINTIFF-APPELLEE, AND ICON HEALTH AND FITNESS, INC., A CORPORATION, D/B/A JUMPKING, INC., A CORPORATION, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Williamson County. No. 98-L-32 Honorable Phillip G. Palmer, Judge, presiding.

Justices: Honorable Gordon E. Maag, J. Honorable Charles W. Chapman, P.J., Concurs Honorable Thomas M. Welch, J., Dissents

 The opinion of the court was delivered by: Justice Maag

Not Released For Publication

KATHLEEN M. SOLLAMI, PLAINTIFF-APPELLANT, AND PHILLIP SOLLAMI, PLAINTIFF AND COUNTERDEFENDANT-APPELLANT,
v.
LAWRENCE EATON, DEFENDANT AND COUNTERPLAINTIFF-APPELLEE, AND ICON HEALTH AND FITNESS, INC., A CORPORATION, D/B/A JUMPKING, INC., A CORPORATION, DEFENDANT-APPELLEE.

Appeal from the Circuit Court of Williamson County. No. 98-L-32 Honorable Phillip G. Palmer, Judge, presiding.

Attorneys for Appellants John Womick, Womick Law Firm, Chtd., 1100 So. Main Street, P.O. Box 1355, Carbondale, IL 62903 (for Kathleen M. Sollami and Phillip Sollami) Attorneys for Appellees James B. Bleyer, Bleyer and Bleyer, 601 West Jackson Street, P.O. Box 487, Marion, IL 62959-0487 (for Lawrence Eaton) Stephen J. Maassen, 401 Market Street, P.O. Box 130, Alton, IL 62002 (for Icon Health and Fitness, Inc., doing business as Jumpking, Inc.)

Justices: Honorable Gordon E. Maag, J. Honorable Charles W. Chapman, P.J., Concurs Honorable Thomas M. Welch, J., Dissents

 The opinion of the court was delivered by: Justice Maag

Kathleen Sollami was injured while jumping on a trampoline that was manufactured by ICON Health and Fitness, Inc., a corporation, doing business as Jumpking, Inc., a corporation (Jumpking), and was purchased by and located on property owned by Lawrence Eaton (collectively, defendants). Kathleen Sollami and her father, Phillip Sollami (collectively, plaintiffs) filed a complaint in the circuit court of Williamson County against Jumpking under a theory of strict product liability and against Lawrence Eaton under a theory of premises liability. The circuit court granted a summary judgment in favor of both defendants, and plaintiffs appealed. The issue is whether the circuit court erred in concluding that the dangers associated with jumping on the Jumpking "Backyard Round" trampoline are open and obvious, thereby obviating defendants' respective duties to warn.

On May 10, 1997, Kathleen Sollami went to the Eaton residence to visit her friend, Jackie Eaton. Another mutual friend, Molly, was at Jackie's house when Kathleen arrived. Two other friends arrived later. The Eatons owned a Jumpking trampoline that was located in the side yard. During the visit, Kathleen, Jackie, and three other friends decided to jump on the trampoline. Jackie Eaton's parents were not home at the time. They did not know that their daughter had invited friends to visit and were not aware that the group was going to be playing on the trampoline.

Kathleen jumped on the trampoline with her friends for awhile, became bored, got off and looked through a yearbook, and then climbed back on. Sometime later that afternoon, the group decided to do "rocket" jumps. The effect of a rocket jump is to propel one jumper, the "rocket", higher than the other jumpers. To begin, all participants stand on the outside perimeter of the trampoline mat. On the count of three, all jump up simultaneously. All but one of the participants are supposed to jump up and land in place. The "rocket" jumps toward the center of the trampoline. When the "rocket" lands in the center of the trampoline mat, he or she is propelled higher than the other participants.

Kathleen watched as her friend Molly, the first "rocket", was propelled upward without incident. Kathleen, who was 15 years old at the time, had never seen or participated in a rocket jump. She had jumped on a trampoline on limited occasions in the past, but she had not received instruction or training in the use of a trampoline or in proper jumping and landing techniques.

Kathleen was the second "rocket". On the count of three, all participants jumped up. Kathleen jumped toward the middle of the trampoline. Just as her feet came into contact with the trampoline bed, she felt her right knee pop. Kathleen asked Jackie to call for help. Jackie contacted Kathleen's parents, and they came to the house. Kathleen was then transported to the emergency room by ambulance. She suffered a serious injury to her knee, which required surgery and rehabilitation.

The Eaton family had purchased the trampoline a few years prior to the accident. The trampoline, a "Backyard Round 14' diameter trampoline", was manufactured by defendant Jumpking. The trampoline did not come assembled. Included within the package containing the trampoline parts were a user's manual, which contains instructions on assembly, use, safety, and care and maintenance, and model instructional materials, warnings decals, and an instruction placard. In its user's manual, Jumpking states that the use of its trampoline should always be under the direct supervision of a qualified instructor. Jumpking also states that a lack of basic skills and knowledge is the greatest single cause of injury. Jumpking recommends that United States Gymnastics Federation certified instructors provide supervision and training to all users of its ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.