McMULLAN v. BUTLER

SC 1978.

346 So.2d 950 (1977)

Michael Wayne McMULLAN, a minor who sues through his father and next friend, Larry Eugene McMullan and Larry Eugene McMullan v. Jerome BUTLER.

Supreme Court of Alabama.

June 3, 1977.


Attorney(s) appearing for the Case

Rodney B. Slusher, Florence, for appellant.

Robert E. Jones, Florence, for appellee.


ALMON, Justice.

Larry Eugene McMullan, appellant, sued Jerome Butler, appellee, on behalf of himself and his 14 year old son, Michael Wayne McMullan, appellant. Michael sustained neck injuries when he allegedly slipped on a wooden platform which had mud and water on it while diving into the backyard pool about 3 feet in height and about 12 feet wide. Butler's two boys were swimming with Michael at the time. Appellants admit that Michael was a social guest.

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