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Court grants new trial in trampoline-pool case

May 15, 2013

BOSTON (AP) — The highest court in Massachusetts has granted a new trial to a man who sued and lost after he was paralyzed doing a flip from a trampoline into a 2-foot wading pool.

Cleber Coleta Dos Santos sued the owners of a Framingham home who placed the trampoline beside the pool in 2005. The jury ruled for the owners, finding that it was obvious that jumping from a trampoline into a shallow pool was dangerous.

On Wednesday, the Supreme Judicial Court set aside the verdict and ordered a new trial, finding that the judge gave improper jury instructions.

The court also said the property owners had a duty to correct an “open and obvious danger” posed by putting the trampoline next to the pool and “could or should have” anticipated injuries from the setup.

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