Campbell v. Muswim Pools, Inc.

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiffs decedent was fatally injured when he dove into the four-foot-deep above-ground swimming pool owned by defendants Capaldo. Decedent was an experienced swimmer who was familiar with the Capaldo pool when he was injured during a game of “sharks and minnows”. Special Term denied defendant Esther Williams Pools’ motion for summary judgment with respect to plaintiffs cause of action alleging a design defect. Decedent dove either impulsively or deliberately into the…