MUCOWSKI v. CLARK


404 Pa.Super. 197 (1991)

590 A.2d 348

Steven MUCOWSKI, Appellant, v. Robert CLARK and Joan Clark and Hub Manufacturing Company and Lionel Leisure, Inc., t/a Kiddie City, Appellees.

Superior Court of Pennsylvania.

Filed May 2, 1991.


Attorney(s) appearing for the Case

Paul N. Sandler, Philadelphia, for appellant.

Eileen M. Johnson, Philadelphia, for appellees.

Before WIEAND, KELLY and CERCONE, JJ.


WIEAND, Judge:

In this action to recover damages for injuries sustained by Steven Mucowski when he dived into an above ground swimming pool which had been sold by Lionel Leisure, Inc., t/a Kiddie City (Kiddie City), the trial court entered summary judgment in favor of the seller because Mucowski had assumed the risk of diving into a shallow pool. Mucowski appealed.

It was undisputed that the pool had been purchased by Robert and Joan Clark from Kiddie City...

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