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HOWARD v. EAST TEXAS BAPTIST UNIVERSITY

No. 06-03-00004-CV.

122 S.W.3d 407 (2003)

Michelle HOWARD, Appellant, v. EAST TEXAS BAPTIST UNIVERSITY, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 4, 2003.

Attorney(s) appearing for the Case

Phillip B. Baldwin Jr., Phillip B. Baldwin, Jr., PC, Marshall, for Appellant.

Kevin D. Jewell and William S. Helfand, Magenheim, Bateman & Helfand, PLLC, Houston, for Appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

While visiting an outdoor swimming pool, which was owned by East Texas Baptist University (ETBU) and made publicly available for a nominal fee, Michelle Howard allegedly injured her back when the pool's diving board "double bounced." She contends the diving board's fulcrum was improperly positioned, so one side of the board was unsupported and she was "propelled upward in an unstable manner and in an unexpected direction...

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