Titus

In this appeal plaintiff David Montgomery Titus, a minor, by his guardian ad litem, Denise Marie Cuthbert, seeks reversal of a judgment rendered on November 29, 1977, in favor of defendant Bethlehem Steel Corporation.

On September 6, 1971, nine-year-old David Montgomery Titus (Monty) was severely and permanently injured on an oil well pumping unit. He and his 11-year-old friend, Ian Bogue, had gone to their neighbors’ property in order to “ride” on an oil well pumping unit located there. Ian had played on such units previously, but Monty had not. Although there was another pump located closer to their homes, they had not played on that one since they wished to avoid observation by their parents. On entering the neighboring property owned by Lance and Alice Fletcher, they approached an area on which several pumps were operating. Ian climbed onto one unit and rode the walking beam; Monty watched him. Then the two boys went over to a smaller pump located close by. They both climbed onto that pumping unit and began to ride on the wrist pin of the crank, holding on to the pitman arm for support. Monty’s foot slipped and he found himself falling into the crank area of the unit…