Rizzo v. Sherwin-Williams Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*848The plaintiff Michael Rizzo was seriously injured when he hit his head on the bottom of a four-foot-deep swimming pool at the home of his sister, the defendant Melody Velie, and her husband, the defendant Alan Velie (hereinafter the homeowners). Rizzo recalled walking across the deck toward the swimming pool, but did not remember anything thereafter until he awoke, four weeks later, in the hospital. One witness testified at a deposition that he watched Rizzo stride across the deck in three large steps on the tips of his feet. When Rizzo was approximately six inches from the edge of the pool,…
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