Rinehart

Plaintiff Colmore Rinehart IV, a minor, by and through his guardian ad litem Angela Combs, appeals from a judgment entered against him and in favor of the defendant Boys and Girls Club of Chula Vista (BGCCV or Club), after the trial court granted BGCCV’s motion for summary judgment on plaintiff’s amended complaint alleging personal injury based on both premises liability and negligence. Plaintiff essentially claimed that BGCCV was responsible for Rinehart’s head injuries resulting from a rock thrown by a nonmember of the Club from a hillside to the playground below because BGCCV “violated applicable laws and regulations in numerous ways by negligently failing to protect and ensure [his] safety . . . , failing to provide adequate supervision, and failing to enforce the rules and regulations necessary for his safety.”

Plaintiff contends the trial court erred in granting BGCCV’s summary judgment motion because it found there were no disputed material facts as to the supervision on the Club’s playground at the time of the incident, incorrectly categorized the incident as a “criminal act” thereby improperly utilizing the third party criminal assault duty analysis of Ann M. v.…