Legal Opinion
Howard v. Poseidon Pools, Inc.
New York Court of Appeals
Decided October 13, 1988No. Appeal No. 1 ; Appeal No. 1PublishedCited by 147 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division in each case should be affirmed, with costs; the certified question in Manning is not answered as unnecessary.
*974In Howard, plaintiff, who was 6 feet, 3 inches tall, sustained severe and permanent injuries upon diving head first into an above-ground pool having a water depth of about four feet. Plaintiff stated that he attempted to dive through an inner tube that was floating in the water some eight feet from the deck of the pool. It is undisputed that plaintiff was an experienced swimmer familiar with diving techniques, that he…
2Cases cited3 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Boltax v. Joy Day CampNew York Court of Appeals · 1986
- Smith v. StarkNew York Court of Appeals · 1986
3Cited by147 opinions
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
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- Kriz v. SchumNew York Court of Appeals · 1989
- Glittenberg v. Doughboy Recreational IndustriesMichigan Supreme Court · 1992
- Kalland v. Hungry Harbor AssociatesAppellate Division of the Supreme Court of the State of New York · 2011
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