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LANGLE v. KURKUL

No. 82-254.

510 A.2d 1301 (1986)

William LANGLE, Jr. v. Walter KURKUL, Sr., William Kurkul, Walter Kurkul, Jr. and Gary Kurkul.

Supreme Court of Vermont.

Reargument Denied February 25 and March 21, 1986.

Attorney(s) appearing for the Case

Susan F. Eaton of Langrock Sperry Parker & Wool, Middlebury, for plaintiff-appellant.

Bartley J. Costello and S. Stacy Chapman, III, of Webber & Costello, Rutland, and Robert S. Burke and Edwin W. Free, Jr., of Richard E. Davis Associates, Barre, for defendants-appellees.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

BILLINGS, Chief Justice.

In July of 1976, the plaintiff attended a party at the home of the defendant, Walter Kurkul, Sr. At the party, the plaintiff was served and consumed a quantity of intoxicating liquor and became inebriated. The plaintiff then went to defendant Gary Kurkul's residence to swim in his pool. The plaintiff was preparing to dive from the railing of the pool when the railing broke and he fell headfirst into the pool. As a result of the accident, the...

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