Docket No. 1-06-1447, Duffy V. Togher
FIRST DIVISION MARCH 31, 2008 No. 1-06-1447 DONALD DUFFY, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 02 L 5279 ) JAMES G. TOGHER, RENEE TOGHER, ) LATHAM PLASTICS, INC. f/k/a Pacific ) Pools Industries, Inc., BLACK ) OAK POOL SUPPLY, INC., and ) PACIFIC INDUSTRIES, INC., ) Honorable ) Ralph Reyna, Defendants-Appellees ) Judge Presiding. ) (Shaunna Travis, ) ) Defendant). ) JUSTICE ROBERT E. GORDON delivered the opinion of the court: On July 15, 2001, plaintiff Donald Duffy, age 21, dove into an in-ground swimming pool and sustained injuries that led to his becoming a quadriplegic. The swimming pool was located in the backyard of a single-family house owned and occupied by defendants James G. and Renee Togher in Palos Hills, Illinois. Defendant Black Oak Pool Supply, Inc. (Black Oak), sold the pool to the Toghers and installed the pool in their backyard; and defendant Latham Plastics, Inc.(Latham), manufactured the pool’s liner. Pacific Industries, Inc. (Pacific), was simply a former name used by Latham. Defendant Shauna Travis, who is not a party to this appeal, is both No. 1-06-1447 the Toghers’ niece and the person who invited plaintiff to use the Toghers’ pool. Plaintiff appeals the order of the circuit court of Cook County, granting motions for summary judgment by defendants Toghers, Black Oak and Latham. For the reasons discussed below, we reverse. BACKGROUND The parties agree that at the time plaintiff dove into the Toghers’ pool, there were: (1) no signs saying “no diving”; and (2) no markers indicating the depth of the water.
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