KRIZ v. SCHUM


145 A.D.2d 985 (1988)

Julia Kriz, Respondent-Appellant, v. David Schum et al., Respondents, and Clover Home Leisure Centers, Inc., Formerly Known as Clover Pool Supply Co., Inc., Appellant-Respondent, et al., Defendant

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

December 23, 1988


Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff, an experienced swimmer generally familiar with diving techniques, was rendered a quadriplegic following a dive into an above-ground swimming pool. Prior to this dive, plaintiff was aware that the water was 4 to 5 feet deep and knew that a friend of her sister had been paralyzed following a dive into shallow water. She nevertheless went down an aqua slide...

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