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BENJAMIN v. DEFFET RENTALS, INC.

No. 80-518.

66 Ohio St. 2d 86 (1981)

BENJAMIN ET AL., APPELLEES, v. DEFFET RENTALS, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 22, 1981.

Attorney(s) appearing for the Case

Mr. Michael F. Colley, Mr. Paul L. Beach and Mr. Frank A. Ray, for appellees.

Messrs. Knepper, White, Arter & Hadden, Mr. Louis E. Gerber and Mr. W. Locke McKenzie, Jr., for appellant S.R. Smith Company, Inc.

Messrs. Crabbe, Brown, Jones, Potts & Schmidt, Mr. Charles E. Brown and Mr. Kenneth E. Harris, for appellant Deffet Rentals, Inc.

SWEENEY, J.

Appellants assert that Englehardt v. Philipps (1939), 136 Ohio St. 73, controls the resolution of this cause. In Englehardt, a boy, while attempting a dive, slipped upon the wet surface of a diving tower at a swimming pool, causing his head to strike the wall of the pool. The evidence adduced therein indicated that the plaintiff was a proficient swimmer and diver. Also, there was no inherent defect in the platform; rather, the slippery...

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