Johnny’s Theory:

Billy was negligent in failing to maintain a proper clearing distance between the gasoline powered model airplanes and people that may be in the area this was the cause of Johnny’s injury.

Billy – Child Standard of Care:

Issue:
Whether Billy should be held to an adult standard of care or a child standard of care.

Rule:
A child may be held to a higher standard of care when the activity involved is one that involves more danger or is usually only practiced by adults.

Analysis:
Billy should be held to the child standard of care according to the precedent set by Robinson v. Lindsey. Billy’s conduct was very different from the conduct of Robinson, Billy took precautions while flying the model airplane, he just miscalculated