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Torts Keyed to Christie
Bennett v. Stanley
Citation:92 Ohio St.3d 35, 748 N.E.2d 41 (2001)
Jeffrey and Stacey Stanley (Defendants) had a swimming pool in their backyard which they did not use. They took down the fencing around the pool and allowed it to become somewhat like a pond, filled with rain water, frogs, and algae. Their neighbors, Cher Bennett and her five year old son, drowned in the pool one day. Rickey Bennett (Plaintiff), Cher’s husband, sued the Defendants for negligently maintaining the abandoned swimming pool on their property, proximately causing the death of his wife and son. The Defendants filed a motion for summary judgment, asserting contributory negligence and assumption of risk as defenses.
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