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Smith v. Stark
Citations: 67 N.Y.2d 693; 499 N.Y.S.2d 922; 490 N.E.2d 841; 1986 N.Y. LEXIS 16629
Court: New York Court of Appeals; February 5, 1986; New York; State Supreme Court
The Appellate Division's order is affirmed, with costs awarded. The plaintiff, an 18-year-old college student, suffered serious injuries after diving or being thrown into the shallow end of a residential swimming pool. He claimed that Pal Pools, Inc., the pool's manufacturer and installer, was negligent for not placing depth markers or providing adequate warnings about the water's depth. Despite having no clear recollection of his entry into the pool, the plaintiff acknowledged his familiarity with in-ground pools and had observed a diving board at the deep end and steps at the shallow end prior to the incident. Given his experience and observations, he should have recognized the shallow water where he dove. The court found that if the plaintiff was thrown into the pool, the manufacturer bore no liability. The Appellate Division concluded that the absence of depth markers did not proximately cause the plaintiff's injuries, leading to the dismissal of the complaint against Pal Pools. Furthermore, the court rejected the notion that the plaintiff's amnesia allowed him to succeed with a lower standard of proof, emphasizing that the burden to demonstrate the defendant’s negligence remained with the plaintiff. Without any evidence, even if minimal, suggesting negligence by the defendant, the claim must be dismissed. The decision reflects the consensus of Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, and Titone, with Judge Hancock, Jr. abstaining from participation.