O.H. BY T.E.B. v. BALLARD REALTY CO.

86-166.

516 So.2d 519 (1987)

O.H., a minor who sues By and Through his guardian and next friend, T.E.B. v. BALLARD REALTY COMPANY and Bayou Bend, Ltd.

Supreme Court of Alabama.

Rehearing Denied November 20, 1987.


Attorney(s) appearing for the Case

William B. Jackson, II of Hess, Atchison & Horne, Mobile, for appellant.

Cynthia Cargile McMeans of Brown, Hudgens, Richardson, Mobile, for appellee Ballard Realty Co.

Cooper C. Thurber and Charles L. Miller, Jr. of Lyons, Pipes & Cook, Mobile, for appellee Bayou Bend, Ltd.


MADDOX, Justice.

This is an appeal from a summary judgment entered against O.H., a minor, who brought suit by and through his next friend and guardian, T.E.B.

On June 11, 1982, the minor, then 11 years old, was allegedly assaulted and sexually molested near Bayou Bend Apartments by a third party, a former resident of Bayou Bend. The minor, who is mildly mentally retarded, was apparently enticed from the swimming pool of the complex to a wooded area nearby...

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