Spaulding v. Lesco International Corp.

Plaintiffs appeal as of right from the circuit court’s order granting summary disposition to appellees. MCR 2.116(C)(10). We affirm.

Allan Spaulding (hereinafter plaintiff), who was six feet tall and weighed approximately 215 pounds, did a deep dive into a four-foot-deep above-ground pool from the platform on top of the pool’s ladder. Plaintiff broke his neck and is now a quadriplegic. Plaintiff was thirty-six years old at the time of the accident.

On August 5, 1982, plaintiff’s family was visiting the home of the pool’s owners, the Henwoods. After dinner, at approximately 7:00 p.m., plaintiff…