Paige

In this action for personal injury, plaintiffs appeal from a summary judgment in favor of defendants.

From the pleadings and the declarations on the motion for summary judgment, the facts are as follows. Plaintiff Lawrence Michael Paige (hereinafter plaintiff), age 11, sues through his guardian ad litem, his mother, Linda Paige, who also sues on her own behalf for medical expenses incurred. Defendant K & G market operates a market at premises leased from defendant North Oaks Partners, doing business as North Oaks Plaza, a retail shopping center in Thousand Oaks. In an area behind the K & G market, designated as a common facility in the lease, defendant Mark Roessler dba Mark Roessler Building and Con struction Company, as general contractor, was engaged in a construction project for repair and alteration of the premises. There was an open trench in the construction area. The accident occurred on Sunday, April 29, 1979; the trench had been there since Friday, April 27.

Sunday morning plaintiff, then age 10, and his friends went to the construction area on their bicycles. They played a bicycle chasing game called “stop that pidgeon,” which involved attempting to tag each…