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THOMAS v. SURF POOLS, INC.

602 S.W.2d 437 (1980)

Robert THOMAS, Appellant, v. SURF POOLS, INC., Appellee. SURF POOLS, INC., Cross-Appellant, v. Robert THOMAS, Cross-Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied August 26, 1980.

Attorney(s) appearing for the Case

Karl S. Forester, Forester & Forester, Harlan, Joe C. Savage, Turley, Savage & Moore, Lexington, for appellant and cross-appellee.

William A. Watson, Middlesboro, for appellee and cross-appellant.

Before HOWERTON, REYNOLDS and WHITE, JJ.

HOWERTON, Judge.

Thomas, the plaintiff below, appeals from a jury verdict which awarded him nothing on his complaint against Surf Pools, Inc. He also appeals from an order overruling his motion for a judgment n.o.v. and/or a new trial. Surf Pools, Inc. has cross-appealed alleging that the trial court erred by refusing to grant its motions for a summary judgment and a directed verdict.

Thomas sustained a cervical vertebrae fracture while using a swimming pool...

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