Thomas v. Surf Pools, Inc.

HOWERTON, Judge.

Thomas, the plaintiff below, appeals from a jury verdict which awarded him nothing on his complaint against Surf Pools, Inc. He also appeals from an order overruling his motion for a judgment n.o.v. and/or a new trial. Surf Pools, Inc. has cross-appealed alleging that the trial court erred by refusing to grant its motions for a summary judgment and a directed verdict.

Thomas sustained a cervical vertebrae fracture while using a swimming pool designed and constructed by Surf Pools, Inc. The pool was owned and operated by the City of Evarts, Kentucky. Thomas became a partial…