[DOWNLOAD] "Julia Kriz v. David Schum Et Al." by Court of Appeals of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Julia Kriz v. David Schum Et Al.
• Author : Court of Appeals of New York
• Release Date : January 30, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[75 N.Y.2d 25 Page 29] OPINION OF THE COURT [1, 2] In each of these cases the plaintiff1 was seriously injured as a result of diving from or
sliding down a pool slide into the shallow end of a swimming pool. The common issue presented by their appeals is whether
the records on these motions for summary judgment conclusively establish that the reckless conduct of the plaintiffs was the
sole legal cause of their injuries (see, Howard v Poseidon Pools, 72 N.Y.2d 972, 974; Boltax v Joy Day Camp, 67 N.Y.2d 617).
We conclude in Kriz v Schum that Julia Kriz's conduct in sliding down a pool slide into the shallow end of a pool was not,
as a matter of law, an unforeseeable use of the slide such as to constitute the sole legal cause of her injuries. Similarly,
in Denkensohn v Davenport, neither Sheri Denkensohn's conduct in diving from the top of a pool slide into water of an unknown
depth nor the conduct of her companion in advising her that it was safe to do so and in failing to adequately illuminate the
pool area, was, as a matter of law, an unforeseeable superseding cause of her injuries. Accordingly, the records on these
summary judgment motions demonstrate that issues of fact requiring a trial exist in each case.

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