Thomas v. Coleco Industries, Inc.

ORDER

BATTISTI, Chief Judge.

Third-party defendants, Susan and Duane Young (“Youngs”), invited plaintiff, Lialan M. Thomas, and her friend, Brian Philips, to their home in Perry, Ohio for the 1983 Fourth of July weekend. They arrived at approximately two a.m. on July third after driving for four hours from their homes near Buffalo, New York. Shortly after Ms. Thomas and Mr. Phillips arrived they were invited to cool off in the Youngs’ above-ground swimming pool (manufactured by defendant, Coleco Industries, Inc. (“Coleco”)). The Youngs and Mr. Phillips jumped in feet first. Ms. Thomas dove in…