Philip was a 10-year-old boy. Macco
was a company that sold new and used machinery. Macco stored discarded
machinery, pending sale for scrap, on a large vacant area it owned. This
area was unfenced and was one-quarter mile from the housing development
where Philip lived. Macco knew that children frequently played in the area
and on the machinery. Philip's parents had directed him not to play on
the machinery because it was dangerous.
One day Philip was playing on a press in Macco's storage area. The press
had several wheels, each geared to the other. Philip climbed on the largest
wheel, which was about five feet in diameter. Philip's weight caused the
wheel to rotate, his foot was caught between two wheels that were set into
motion, and he was severely injured.
A claim for relief was asserted by Philip through a duly appointed guardian.
Macco denied liability and pleaded Philip's contributory fault as a defense.
