Smith v. American Flyers, Inc.

BOX, Judge:

An appeal by James N. Smith, plaintiff in the trial court, from summary judgment entered in favor of appellee and defendant below, American Flyers, Inc. For the sake of clarity we refer to the parties by their trial court designation.

At the time of the tragic accident for which plaintiff brought this action, he was a 28 year old student pilot enrolled in a flight school operated by the defendant, American Flyers, Inc. Defendant operated a swimming pool on the premises of the school and held it open to the general public for an admission fee. On July 20, 1967, plaintiff and two…