Denkensohn v. Davenport

Kane, J. P.

(dissenting in part and concurring in part). We are not persuaded that any act or failure to act on the part of defendant Archie Lawrence & Son or third-party defendant, Seaboard Industries, was a proximate cause of the injuries sustained by plaintiff Sheri Denkensohn (hereinafter plaintiff). The plain, simple and tragic fact is that plaintiff, trained in water safety and diving techniques and employed as a lifeguard at the time of her accident, without knowing the depth of the water and after removing her contact lenses, dove into an unlighted pool from the top of a slide in the…