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Chmiel and Fiske Obtain Dismissal in Swimming Pool Accident Case

Partner, Michael Chmiel and associate, Andrew Fiske, have obtained a dismissal of a lawsuit brought against one of our clients after an accident involving a swimming pool.

In the matter of McCabe v. Mooney, the plaintiff unfortunately was injured when she dove into a four-foot aboveground pool.  The plaintiffs alleged a variety of accusations regarding negligence, but ultimately, their main argument was that our client did not do a sufficient job of supervising the adult plaintiff.

On December 19, 2017, Justice Donna Siwek granted our motion for summary judgment and dismissed the plaintiffs’ claims in their entirety.  Specifically, Justice Siwek ruled that our client had no duty to protect the plaintiff from her own behavior.  The Court also noted that the plaintiff was familiar with the depth of the pool, having previously lived at the residence.

If you have any questions regarding the decision, please do not hesitate to contact either Michael J. Chmiel or Andrew D. Fiske.

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