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ELLEDGE EX REL. PENDERGRASS v. MATHIS

2950689.

686 So.2d 317 (1996)

Tracy ELLEDGE, a minor, by and through his mother and next friend, Cathy PENDERGRASS v. John MATHIS, individually, Annette Mathis, et al.

Court of Civil Appeals of Alabama.

November 22, 1996.

Attorney(s) appearing for the Case

Patrick A. Jones, Huntsville, for Appellant.

Earl T. Forbes of Spurrier, Rice, Wood & Hall, Huntsville, for Appellees.

RICHARD L. HOLMES, Retired Appellate Judge.

This is a personal injury case.

Cathy Pendergrass and her minor son, Tracy Elledge, appeal from a summary judgment in favor of John Mathis and Annette Mathis.

Our review of the record reveals the following pertinent facts: On August 6, 1993, Tracy Elledge, Jeremy Wilkes, and two other boys were voluntarily engaged in a game of "war." The boys were apparently exchanging shots at one another, when one of the...

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