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O'SULLIVAN v. SHAW

431 Mass. 201 (2000)

JOSEPH J. O'SULLIVAN v. NORMAN SHAW & another.

Supreme Judicial Court of Massachusetts, Essex.

April 13, 2000.

Attorney(s) appearing for the Case

Peter M. Malaguti for the plaintiff.

W. Joseph Flanagan for the defendants.

Present: MARSHALL., C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

LYNCH, J.

The plaintiff seeks to recover for injuries he sustained when he dived, headfirst, into the shallow end of a swimming pool owned by the defendants and located on their residential property. His complaint alleges that the defendants were negligent in allowing visitors to dive into the shallow end of the pool and in failing to warn of the danger associated with this activity. A judge in the Superior Court allowed...

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