Frankel v. Willow Brook Marina, Inc.

OPINION

LUONGO, District Judge.

On July 30, 1963, Michael Acquesta, 8% years of age, drowned in a swimming pool operated by Willow Brook Marina, Inc. (Marina). Minutes before he was found unconscious on the bottom of the pool, Michael had been one of a group of four children receiving swimming instructions in a class conducted by Carole Kleinfelder (Carole), a lifeguard employed by Marina.

This suit seeking damages under the Wrongful Death and the Survival Acts was instituted by minor decedent’s administrator against Carole and Marina. The claim against Marina sought to hold it liable for…