Shetter v. Davis Bros.

Shulman, Presiding Judge.

Appellant was injured when he struck the bottom of a swimming pool into which he had just dived. He sued the owner of the pool and the builder, Artistic Pools, Inc., the appellee in this case. This appeal is from the grant of summary judgment to appellee. Appellant insists that questions of material fact exist. We agree and reverse the grant of summary judgment.

Appellee’s motion was based on three grounds. One involved appellant’s status (trespasser, invitee) and another involved questions of assumption of the risk and contributory negligence. On the record before us,…