This section contains the nature of the case and procedural background.

O’Sullivan (P), who was 21 at the time of the injury, seeks to recover for injuries he sustained when he dived headfirst into the shallow end of a swimming pool on Shaw’s (D) residential property. P alleges that Ds were negligent in allowing visitors to dive into the shallow end and in failing to warn of the danger associated with such activity. D moved for summary judgment, and the judge granted it; diving into the shallow end of the pool is an open and obvious danger, which was known to P and therefore Ds did not owe P a duty of care. The pool was 18 x 36 ft. with 4 ft. at the shallow end and 8 ft. at the deep end. There were markings along the side of the pool to show just how deep each area was. P suffered injuries to his neck and back when he dived into the shallow end. By his own admission, P knew he could be injured by diving into the shallow end. This appeal resulted.

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