Legal Opinion

Smith v. Stark

New York Court of Appeals

Decided February 6, 1986PublishedCited by 106 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, an 18-year-old college student, sustained serious physical injuries during a party when he dove or was thrown into the shallow end of an in-ground residential swimming pool. In this action to recover damages for these injuries, plaintiff contends that defendant Pal Pools, Inc., the manufacturer and installer of the pool, was negligent in failing to place depth markers at appropriate locations around the pool or take other measures to apprise prospective users of the comparative depth…

2Cases cited5 opinions

  1. Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
  2. Mack v. Altmans Stage Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1984
  3. Schechter v. KlanferNew York Court of Appeals · 1971
  4. Jarrett v. MadifariAppellate Division of the Supreme Court of the State of New York · 1979
  5. Dailey v. Major Pool Equipment Corp.New York Court of Appeals · 1972

3Cited by106 opinions

  1. Liriano v. Hobart Corp.New York Court of Appeals · 1998
  2. Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
  3. Howard v. Poseidon Pools, Inc.New York Court of Appeals · 1988
  4. O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
  5. Kriz v. SchumNew York Court of Appeals · 1989

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