Torts Keyed to Dobbs
O’Sullivan v. Shaw
Plaintiff brought an action to recover damages for injuries incurred after he dove headfirst into the shallow end of the Defendant’s swimming pool. He contended that Defendants had a duty to warn visitors of the danger of diving into the pool. The Plaintiff suffered injuries to his neck and back after diving into the shallow end of the pool. He struck the bottom of the pool at an odd angle and sustained a fracture to the cervical vertebrae resulting in temporary paralysis. The Superior Court granted Defendants’ Motion for Summary Judgment. Plaintiff appealed, arguing that the Massachusetts statute, which expressly abolished the defense of assumption of risk, implicitly abolished the open and obvious danger defense.
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