# Sholer v. ERC MANAGEMENT GROUP, LLC

> Supreme Court of Oklahoma · April 5, 2011 · 256 P.3d 38

URL: https://www.frixlaw.com/law-library/cases/9776633

## Case

- **Full name:** Cassidy Jane SHOLER, Plaintiff/Appellant, v. ERC MANAGEMENT GROUP, LLC, ERC Properties, Inc., and Edmond Housing Associates III, Limited Partnership D/B/A Crownridge Apartments, Defendants/Appellees
- **Court:** Supreme Court of Oklahoma
- **Decided:** April 5, 2011
- **Citations:** 256 P.3d 38; 2011 OK 24; 2011 Okla. LEXIS 27; 2011 WL 1262163
- **Precedential status:** Published
- **Opinion:** Dissent by Taylor
- **Judges:** Taylor, Colbert, Kauger, Watt, Edmondson, Reif, Combs, Gurich, Winchester
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776633

## How later opinions describe it (automated extraction)

- finding whether a danger is open and obvious may be a question for a jury and reaffirming the rule that there is no duty to warn of an open-and-obvious danger

## Opinion text

TAYLOR, C.J.,
with whom WINCHESTER, J. joins,
dissenting:
I dissent. The trial court and the Court of Civil Appeals were correct and I would affirm their decisions. This case was properly ended by summary judgment. An intoxicated young woman decided to dive head first into a shallow swimming pool. A few feet from her dive was a marker clearly indicating the water was only three (8) feet deep. She admits that was a dangerous act on her part. The danger of diving into water of unknown depth is open and obvious. The combination of being under the influence of alcohol and diving head first into very shallow water will usually result in unfortunate serious injury. However unfortunate, this injury is not the legal responsibility of the apartment complex.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776633. Public record. Not legal advice.