Michael Frasier was invited to a Fourth of July cookout at the home of Robert and Laura O’Black. A large raft with a solid center was placed in the O’Blacks’ in-ground swimming pool, where Frasier and other guests were roughhousing.
Frasier dove onto the raft, propelled forward, and launched into the shallow end of the pool, striking his head. He suffered cervical spinal fractures and is now paralyzed from his chest down. His condition necessitated six or more surgeries, including two major neck surgeries.
Frasier sued the O’Blacks, alleging negligence and choosing not to warn of the dangerous conditions that existed. He asserted that the raft, which was designed to be used on open water, did not belong in a home swimming pool.