Timothy P. Mullin

Plaintiff, a 3 year boy, drowned in a residential pool after he gained access to the pool by exiting a sliding door located at the rear of the house. Plaintiff alleged the pool installer was negligent. Plaintiff’s expert, a well know aquatics expert, opined that the pool installer failed to inform the homeowners that a door alarm should have been placed on the sliding door of their home during installation of the pool as recommended by Consumer Products Safety Commission’s Guidelines for Home Pools. After deposing plaintiff’s expert, the case settled on behalf of the pool installer for $25,000.

Plaintiffs alleged that a pool company was vicariously liable for the actions of its employees after its employees allegedly stole $70,000 worth of jewelry from plaintiff’s home while servicing plaintiffs’ hot tub. Plaintiffs’ also alleged negligent hiring and negligent supervision of the pool company’s employees. After discovery, Mr. Mullin filed a motion for summary judgment on all of plaintiffs’ claims. With regard to the vicarious liability allegations, Mr. Mullin argued that even though it was clear that these two employees were agents of the pool company, their actions with regard to stealing the jewelry were outside the scope of their employment. With regard to the negligent hiring claim Mr. Mullin argued that the pool company had no reason to know that the two employees had any alleged dangerous characteristics which would have made their actions foreseeable. With regard to the negligent supervision claim, Mr. Mullin argued that the plaintiff could not show that the pool company knew or should have known of a reason or need to supervise the employees. Motion for summary judgment granted.