While rafting down Splish Splash Water Park's "Hollywood Stunt Rider," Geovanny Nolasco dove into shallow water and hit his head on the pool's bottom.
After the Queens County Supreme Court dismissed his personal-injury case brought against the company, Nolasco appealed.
Since there were "audio and visual warnings" about the water's shallowness, the guy had swimming and diving experience, and, because it was a matter of "plain common sense" that diving into a shallow pool was dangerous, the Appellate Division, Second Department, thought Nolasco was lucky not to be swimming with the fishes.
Bet that made a splash.
To view a copy of the Appellate Division's decision, please use this link: Nolasco v. Splish Splash at Adventureland, Inc.