United States First Circuit

In a product liability suit against a seller and a manufacturer of swimming pools, arising after plaintiff sustained serious injuries while attempting to dive into a shallow above-ground pool, rendering her a quadriplegic, summary judgment in favor of defendants is affirmed as summary judgment is warranted on the facts of the case as plaintiff stood on the coping (six and one-half inch-wide aluminum covering the top perimeter of the pool), in order to dive, and the injury that occurred was the same one contemplated by the multiple warnings - including on the coping itself. Therefore, plaintiff assumed the risk of diving, including the risk that she might fall from the coping into the pool while attempting to dive.

Appellate Information

• Decided 06/30/2010
• Published 06/30/2010

Judges

• Saylor, District Judge

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Barry C. Reed, Jr, John W. Kershaw