Ronald Metzgar placed his fifteen-month-old son, Matthew, awake and healthy, in his playpen. Ronald left the room for five minutes and on his return found Matthew lifeless. A toy block had lodged in the boys throat, causing him to choke to death. Ronald called 911, but efforts to revive Matthew were to no avail. There was no warning of a choking hazard on the box containing the block. Matthews parents hired an attorney and sued Playskool, Inc., the manufacturer of the block, alleging that the manufacturer had been negligent in failing to warn of the blocks hazard. Playskool filed a motion for summary judgment, arguing that the danger of a young childs choking on a small block was obvious and therefore they should win the case as a matter of law. Is Playschool correct?

a. No. It is a question of fact as to whether the block was small enough for a child to choke on, and it is the fact-finder's job to make that decision.

b. Yes. Every parent should know that babies can choke on toys. The father should not have left the baby alone.

c. Uncertain. A judge might rule either way. Regardless, the losing party will appeal and the court of appeals will then decide whether the judge made an error of law.