Shuman v. Mashburn

Clark, Judge.

This is an appeal by defendant landowner from a denial of his motion for summary judgment in a suit alleging negligence in maintenance upon his premises of an above-ground plastic swimming pool. Appellees are husband and wife to whom we will refer in the singular as "plaintiff’ because the action is based upon injuries received by the husband when he dove from an adjacent roof into the pool.

Our recital of facts is condensed from the plaintiffs brief:

On August 31, 1974, a hot sunny day, plaintiff, a twenty-year-old male, visited defendant’s home to collect for carpet-laying work…