O'Sullivan v. Shaw

Plaintiff, Joseph O’Sullivan, brings this action against defendants, Norman Shaw and Betiy Shaw, to recover for injuries sustained when he struck his head on the bottom of the Shaws’ residential swimming pool during a nighttime swim with their granddaughter. The Shaw’s deny liability and have moved for summary judgment. For the reasons set forth below, the Court allows the motion.

I. BACKGROUND

What follows are the undisputed material facts taken from the affidavits, answers to interrogatories and exhibits submitted by the parties. The Court summarizes the evidence in the light most favorable…