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SHOLER v. ERC MANAGEMENT GROUP, LLC

No. 108,024.

256 P.3d 38 (2011)

2011 OK 24

Cassidy Jane SHOLER, Plaintiff/Appellant, v. ERC MANAGEMENT GROUP, LLC, ERC Properties, Inc., and Edmond Housing Associates III, Limited Partnership d/b/a Crownridge Apartments, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied June 30, 2011.

Attorney(s) appearing for the Case

Kevin E. Krahl , Fuller Tubb Bickford & Krahl PLLC, Oklahoma City, Oklahoma, for Plaintiff/Appellant.

Glen Mullins , Kaci L. Trojan , Durbin, Larimore & Bialick, Oklahoma City, Oklahoma, for Defendants/Appellees.

WATT, J.:

¶ 1 The dispositive issue1 presented is whether sufficient evidence was presented during the summary proceedings to create a question of fact on the open and obvious nature of the danger of diving head first into the pool owned and operated by the apartment complex. We have reviewed the merits of the summary judgment proceeding in light of the heavy burden, especially pronounced...

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