Charlie purchased an elaborate remote control kite shaped like an airplane for his son Jackson's ninth birthday. The kite had a three-foot wingspan and was capable of every maneuver a real stunt plane could handle. Charlie instructed Jackson at length regarding use of the plane and only permitted him to use it while under Charlie's direct supervision. One afternoon school was let out early because of a Tsunami warning. Jackson headed home but was terribly bored and decided to fly the kite. With the kite plane soaring in circles above his house, Jackson became confused by the controls and sent the plane peeling down the street at about a four-foot height. Lizzie, a pedestrian on the adjoining sidewalk, panicked when she saw the plane kite headed directly towards her. In an attempt to escape, she stepped onto Nancy's yard and fell over a large ceramic gnome, breaking her hip.