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Jul. 3, 2009 | Metro East's Legal Journal
 
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Homeowners sued by guest paralyzed after diving into above ground pool

5/27/2008 5:46 PM

A woman who suffered a paralysis after diving into a swimming pool filed suit against her friend and his parents alleging they failed to warn her not to dive into their pool.

Kelly Dorris claims John Ebling invited her over to swim in their above-ground swimming pool at his Godfrey residence on Aug. 8, 2006.

According to the complaint filed May 22 in Madison County Circuit Court, Jeffrey and Mary Lou Moore owned the residence where the pool was located.

Dorris claims the Moores were negligent by:

  • Failing to have proper lighting to illuminate the pool at night;

  • Failing to have proper warnings displayed concerning depth and no diving;

  • Failing to provide adequate supervision of the activities at the pool;

  • Allowing their son to dive into the pool and thereby providing an example for others that it was okay to dive into the pool; and

  • Failing to warn her not to dive into the pool.

    She also alleges Ebling was negligent by failing to warn her not to dive and then dove from a railing in front of her as a suggestion that she should do the same.

    Dorris claims her injuries have caused her to be paralyzed causing her to suffer pain and suffering, loss of a normal life, incur medical expenses, a permanent disability and loss of the capacity to work.

    Represented by Thomas Falb of Alton, Dorris is seeking damages in excess of $100,000, plus costs of the suit.

    The case has been assigned to Circuit Judge David Hylla.

    08 L 449



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