Westray v. Imperial Pools & Supplies, Inc.

Sherck, Judge.

This matter comes to us from a summary judgment issued by the Lucas County Court of Common Pleas, which barred appellant’s product liability claims against appellee, the alleged installer of a swimming pool, and Ohio Pool Works, the provider of the pool’s new liner. 1 Because the trial court incorrectly concluded that the shallow conditions of the pool were so open and obvious that appellant had assumed the risk of injury when he dove into shallow water, we reverse.

On June 24,1995, appellant, Gary Westray, attended a party at the home of his sister and brother-in-law, Sandra and…