$11 Million Settlement on Behalf of a Quadriplegic in Pool Accident

April 16, 2021

CASE DESCRIPTION: 

On the early afternoon of August 26, 2019, Isaac L. joined his family for a barbeque and swimming at the pool within the HOA where his father had recently begun renting a condominium.  The rest of the family, including Isaac’s father, uncles, grandparents and cousins were already within the pool area when he decided to join them by walking from his father’s unit into the pool area through the “back” gate.

Isaac entered the pool area and walked across the decking to tables and chairs where his family, including his grandparents, were sitting.  He greeted everyone in the pool area and spent ten to fifteen minutes speaking primarily with his grandparents, who were visiting from out of town, when he decided to get into the pool.

Isaac walked over to what he believed was the deep end, the part of the pool furthest from the gate where he had entered the pool area.  At all times while in the pool area, there were no “no diving” signs visible to him, (but rather only the numerous “no smoking signs” around the barbeque and tables in the pool area.) Isaac also saw his niece on the other side of the pool, and his uncle, who was closer to Isaac, and visible from the neck/shoulders up – confirming in Isaac’s mind that his uncle was in the deep end of the pool.

While Isaac foreseeably thought that he was safely diving into the deep end of the pool; in fact, there was no deep end, nor shallow end.  Instead, the oblong shaped pool is unusually, unforeseeably and counterintuitively configured (without warning) to have a deep side and a shallow side. Thus, thinking he was safely diving directly into the deep end; he was actually diving toward the shallow side of the pool (and into the unusually configured “embankment” that unexpectedly ran lengthwise in the middle of the pool abruptly separating the deep side of the pool from the shallow side.)  He impacted the embankment and was immediately paralyzed.

FINAL RESULT: 

$11,000,000

TYPE OF CASE: 

Premises Liability; Negligent Infliction of Emotional Distress

LOCATION OF INCIDENT: 

Irvine, California

PLAINTIFFS’ ATTORNEYS:                  

Richard A. Cohn, Esq.

Casey R. Johnson, Esq.

AITKEN✦AITKEN✦COHN

3 MacArthur Place, Suite 800

Santa Ana, CA 92707

Telephone:  (714) 434-1424

Facsimile:   (714) 434-3600

Email: casey@aitkenlaw.com