Murphy v. D'Youville Condominium Association, Inc.

Benham, Judge.

Appellant Paul Murphy (hereinafter “appellant”) was seriously injured when he dived into the shallow end of a swimming pool at the D’Youville Condominiums and struck the bottom. He and his wife subsequently brought suit against several defendants who are or have been involved in the ownership, operation, design, construction, and maintenance of the pool. Six of the defendants moved for summary judgment, contending that appellant’s claim was barred by his negligent failure to exercise ordinary care for his own safety. The grant of those motions is the subject of this appeal.

“ ‘As…