Glittenberg v. Doughboy Recreational Industries

The question presented is whether summary disposition was properly granted defendant manufacturers and sellers of aboveground swimming pools on the basis that the danger of diving in a shallow aboveground swimming pool is open and obvious.

We would hold that the plaintiffs presented sufficient evidence to raise a genuine issue of material fact whether the danger is open and obvious, and would remand these cases for trial.

The plaintiff in each of these cases became quadriplegic as the result of diving in an above-ground swimming pool, and commenced an action claiming that the manufacturer and…