Barreca v. Tillery

By Judge Randall G. Johnson

On August 19, 1988, Antoinette J. Barreca, who was then fifteen years old, was severely and permanently injured when she dove into the shallow end of a residential swimming pool. She sued the pool’s owner, the owner’s stepson, who was her host at the time of her injury, the pool’s manufacturer, its installer, and a host of other manufacturers, suppliers, and/or installers of various components of the pool.

Ms. Barreca’s claim against her host was released by a covenant not to sue, although no money or other consideration was paid. The claim against the pool’s owner…