Calhoon

While waiting for a friend, a young man skateboarded in his friend’s driveway. He fell into a planter and was injured by a metal pipe inside the planter. He sued his friend’s parents, who had placed the planter in the driveway. We conclude the trial court properly granted summary judgment because the plaintiff voluntarily assumed the risks inherent in skateboarding and the defendants owed no affirmative duty to the plaintiff to make the driveway safe for skateboarding activities.

Factual and Procedural Background

One morning, Michael Alan Calhoon and Wade Lewis agreed that Michael would pick up Wade at his parents’ house and then they would drive downtown to visit Wade’s girlfriend. When Michael arrived at the Lewises’ house, Wade was not ready to leave and asked Michael to wait for a few minutes. While he waited, Michael skateboarded in the Lewises’ driveway in front of the garage.

Michael skateboarded for about 10 to 15 minutes, successfully performing a trick, known as an “ollie.” As he prepared to perform the trick again, Michael skateboarded across the driveway in the direction of the garage. He attempted to ollie again, but lost control of his skateboard. As he…