Toole ex rel. Toole v. Levitt

*232OPINION

COOPER, Presiding Judge.

Kevin O. Toole and his father, Jack A. Toole, sued the defendants Joseph J. Levitt, Jr., David Brown, Jake West and David Liberman, d/b/a Neyland Hills Apartments, for injuries sustained by Kevin on April 19, 1970, on diving into a swimming pool on apartment premises. On trial, the jury returned verdicts in favor of the plaintiffs, awarding Kevin Toole $205,000.-00 as damages and Jack Toole damages of $100,000.00. The trial judge, in overruling defendants’ motion for new trial, suggested a remittitur of $78,091.00 in the award to Jack Toole. The defendants…