HOWARD v. POSEIDON POOLS, INC.


134 A.D.2d 926 (1987)

Brent Howard et al., Respondents, v. Poseidon Pools, Inc., et al., Defendants, and S & V Pools, Inc., Trading as Poseidon Pools, Inc., et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1987


Order reversed on the law without costs and appellants' motions granted.

Memorandum:

Plaintiff, who was 28 years old, 6 feet, 3 inches tall and an experienced swimmer familiar with this above-ground pool, sustained serious injuries when he dove through an inner tube that had been placed some eight feet from the deck. He had been swimming in the pool for several hours before the accident, knew the water was only four feet deep, and testified at an examination...

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