Moore v. Rollmo Corp.

TITUS, Judge.

A husband and wife sued for damages arising from injuries sustained by the husband at defendant’s motel swimming pool on November 14, 1971. Plaintiffs alleged the husband had stepped into a negligently uncovered skimmer hole next to the pool, fallen sideways and struck his head on underwater steps.1 In reliance on an ambulance attendant’s recastings of the husband’s statements following the incident, defendant asseverated the injuries resulted from the husband’s negligent dive into the shallow end of the pool. The jury’s verdict and the judgment entered thereon were for defendant…