This section contains the nature of the case and procedural background.

P was employed by D to assist in the maintenance of association property. He was asked to clean a swimming pool. P had to unclog the drain and jumped into the pool. This may have caused a pre-existing sinus infection to spread to P's brain, substantially damaging him. There is no evidence that D knew of the infection, and there is no evidence that dirty pool water caused the spread of the infection. If the water caused the infection to spread, it was from the mechanical force of jumping into it. P appeals from a summary judgment in D's favor.

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