John Earl Grammer v. Teeum Grammer

When eight-year-old Johnny Short struck a rock with the claw end of a nail hammer, a piece of the hammer broke loose and struck him in the eye causing serious injury. Based on theories of negligence and products liability Johnnys parents sued the company that manufactured the hammer. The company filed a motion for summary judgment which the trial court granted. Appellant Johnny Short by next friends Helen Southerland and Samuel Southerland (hereafter "Short") now appeal presenting the following issues for review: