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DUFFY v. TOGHER

No. 1-06-1447.

887 N.E.2d 535 (2008)

Donald DUFFY, Plaintiff-Appellant, v. James G. TOGHER, Renee Togher, Latham Plastics, Inc. f/k/a Pacific Pools Industries, Inc., Black Oak Pool Supply, Inc., and Pacific Industries, Inc., Defendants-Appellees. (Shauna Travis, Defendant).

Appellate Court of Illinois, First District, First Division.

March 31, 2008.

Attorney(s) appearing for the Case

The Healy Law Firm, Martin J. Healy, Jr., Jack Cannon, William J. Harte and Joan M. Mannix, of counsel, Chicago, IL, for Appellant.

Bollinger, Ruberry & Garvey, Christopher G. Buenik, of counsel, Chicago, IL, for Appellees, James G. Togher and Renee Togher.

Tressler, Soderstrom, Maloney & Priess, LLP, John H. Huston, of counsel, Chicago, IL, for Appellee, Latham Plastics, Inc.

Doherty & Progar, LLC, Chicago, IL, Michael J. Progar and Stephanie Waxler Weiner, of counsel, for Appellee, Black Oak Pool & Supply, Inc.

Justice ROBERT E. GORDON delivered the opinion of the court:

On July 15, 2001, plaintiff Donald Duffy, age 21, dove into an in-ground swimming pool and sustained injuries that led to his becoming a quadriplegic. The swimming pool was located in the backyard of a single-family house owned and occupied by defendants James G. and Renee Togher in Palos Hills, Illinois. Defendant Black Oak Pool Supply, Inc. (Black Oak), sold the pool to the Toghers and installed the pool...

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