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COLOSIMO v. MAY DEPARTMENT STORE COMPANY

Civ. No. 67-8.

325 F.Supp. 609 (1971)

Joseph COLOSIMO and Lorraine Colosimo, parents and natural guardians of John A. Colosimo, a minor, and Joseph Colosimo and Lorraine Colosimo, in their own right, Plaintiffs, v. The MAY DEPARTMENT STORE COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. Mr. and Mrs. James P. HUGHES and Muskin Manufacturing Company, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

April 2, 1971.

Attorney(s) appearing for the Case

P. J. McArdle, Pittsburgh, Pa., for plaintiffs.

Thomas J. Reinstadtler, Jr., Pittsburgh, Pa., for May Dept. Store Co.

A. Ralph Ellis, Pittsburgh, Pa., for Muskin Mfg. Co.

MEMORANDUM

SORG, District Judge.

John Colosimo—age 15 years, height 5 feet 6 inches, weight 140 pounds—was invited, on July 21, 1965, by neighbors, Mr. and Mrs. James Hughes, to swim in an above-the-ground vinyl-lined family pool which they had just assembled in their back yard. The pool was 12 feet in diameter and 36 inches in height. An A-ladder type arrangement 38 inches high with an 18 inch by 14 inch platform on top straddled the side...

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