Perez v. Heffron

(Correcting case name.) Court properly entered summary judgment for Defendant homeowner in wrongful death action arising from toddler's drowning in Defendant's above-ground swimming pool. Distraction exception is inapplicable, as clothes rack placed in front of deck stairs did not hide the pool, and items stacked around pool for garage sale did not obstruct view of pool. It was not foreseeable that toddler's father, aunt, and grandparents, who brought him to Defendant's home for garage sale, would fail to supervise their children adequately. Sole proximate cause of toddler's death was his father's unforeseeable failure to supervise toddler adequately. (JORGENSEN and SPENCE, concurring.)