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Tran v. Pool World, Inc., et al.
Michael C. Salvo
Michael C. Salvo and Danielle M. DeMarzo of our New Jersey office successfully moved for summary judgment on behalf of Pool World, Inc. ("Pool World"). This case involved a multi-million dollar claim resulting from a diving accident wherein the plaintiff dove into the shallow end of a residential swimming pool fracturing his neck and becoming a quadriplegic. The plaintiff alleged that Pool World, a replacement pool liner installer, was liable for the Plaintiff's injuries based on a Products Liability theory due to its failure to install adequate warnings against diving into shallow water. We initially successfully moved to bar the Plaintiff's expert's reports and testimony as inadmissible net opinions. Thereafter, we moved for summary judgment to dismiss all of the Plaintiff's claims. Plaintiff argued that despite the order barring his expert, there were questions of fact and that expert testimony was not necessary to move forward with the claims. We argued that Pool World owed no duty to the Plaintiff since there were no industry standards that required the installation of warning signs around a residential in-ground pool. We also argued that Plaintiff could not establish any cause of action against Pool World without expert testimony. The Court granted our motion and dismissed the Complaint and all cross claims (February 2015).
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