Hart Properties, Inc. v. Slack ex rel. Slack

PEARSON, TILLMAN, Chief Judge.

John Slack, the minor plaintiff, went with his older brother, Steve, to the Castaways Motel [owned and operated by the defendant] to go swimming. During the course of the day, plaintiff was injured when he stepped back from the side of the pool and fell into the hole left uncovered when the doors leading down to the pump room were open. Neither boy was a guest at the motel nor did either pay any money for the privilege of using the pool. By arrangement with the manager of the motel pool, Steve received the privilege of the use of the pool for himself and guests…