A Philadelphia judge has granted partial summary judgment to a man who had his leg amputated above the knee after a 10-year-old ran him over with a 5-ton track loader.

According to Ruick and Holly Rolland’s motion for partial summary judgment, the child’s operation of the track loader in 2009 came under the discretion of his father and was known by the company that rented the vehicle to the owner of the property where the accident took place. Therefore, the plaintiffs argued, there was no question of material fact that those defendants negligently entrusted the boy to operate a piece of machinery that is, in their words, “akin to a bulldozer.”