Edmonds v. Fodera
Court: Appellate Division of the Supreme Court of the State of New York; May 12, 1997; New York; State Appellate Court
In a personal injury case, defendants Frank Fodera and F.O.D. All Enterprises, Inc. appealed an interlocutory judgment from the Supreme Court, Queens County, which found them 52% at fault for the accident that left plaintiff Eugene Edmonds quadriplegic after diving into a four-foot-deep above-ground swimming pool. The jury had previously ruled the plaintiff to be 48% at fault. The defendants contested the trial court's denial of their motions to dismiss the complaint and to set aside the jury's verdict as against the weight of the evidence. The appellate court agreed with the defendants, concluding that the plaintiff failed to establish a prima facie case. It reasoned that the danger of diving into the pool was obvious, as an inspection would have indicated it was above-ground, and the plaintiff’s prior observations of others in the pool and general knowledge of such pools demonstrated that he should have recognized the shallow water. Furthermore, the court noted that the plaintiff's own negligence, recklessness, and intoxication were the sole proximate causes of his injuries. Consequently, the appellate court reversed the interlocutory judgment, dismissing the complaint and awarding costs to the defendants.