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MOORE v. JONES, Next Friend.

PANNELL, Judge.

Assuming, without deciding, that where a sixteen-year-old boy plays soccer as required in a school physical education period, he assumes the risk of injury from the negligent act of an opposing player which may likely occur during such a game, and could recover only for a wilful and wanton act of such opposing player causing an injury, as distinguished from ordinary negligence ( Hale v. Davies, 86 Ga. App. 126 ( 70 S.E.2d 923)), it does not follow that the failure of the petition to allege wilful and wanton negligence in an action based on such injury is grounds for reversing the denial of a summary judgment for the defendant where the only evidence adduced on the motion for summary judgment is the deposition of the plaintiff which would authorize a finding that a wilful and wanton act of the defendant was the cause of plaintiff's injury. Such a showing does not satisfy the defendant movant's burden of clearly establishing that there is no genuine issue of material fact and that defendant is entitled to a judgment as a matter of law based on the facts shown. See Holland v. Sanfax Corp., 106 Ga. App. 1 ( 126 S.E.2d 442).

Judgment affirmed. Quillian and Evans, JJ., concur.

ARGUED SEPTEMBER 12, 1969 — DECIDED SEPTEMBER 30, 1969 — REHEARING DENIED OCTOBER 21, 1969.
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MOORE v. JONES
(Sep 30, 1969)