Butler v. Sports Haven International

CROCKETT, Justice:

Plaintiff, Gerald M. Butler, brought suit against defendant, Sports Haven International, alleging that its negligence in operation of its swimming pool resulted in the drowning of the plaintiff’s three-year-old son, Gerald M. Butler, Jr. Defendant denied any negligence or any causation of the drowning. From the granting of defendant’s motion for summary judgment, plaintiff appeals.

Defendant is a nonprofit corporation which maintains recreational property and facilities near Fairview, Utah. Members join it by buying the property in acre parcels. They can develop their own…