Jacobs v. Coldwell Banker Residential Brokerage Co.Annotate this Case
Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed a vacant, bank-owned property in Simi Valley for sale. The property had a backyard with an empty swimming pool and diving board. While plaintiffs Jacques and Xenia Jacobs were viewing the property as potential buyers, Jacques stepped onto the diving board to look over the fence. The diving board base collapsed and Jacques fell into the empty pool. Plaintiffs sued Coldwell for negligence and loss of consortium. The trial court granted Coldwell’s motion for summary judgment, finding Coldwell was entitled to judgment on plaintiffs’ claim regarding the negligent condition of the diving board. Plaintiffs argued that they also were claiming that the empty pool was a dangerous condition. The court rejected this unpled, undisclosed theory of liability, concluding that even if the theory had been pled, Coldwell could not be held liable for failing to remedy the dangerous condition of the empty pool because Jacques’ accident was not reasonably foreseeable. The Court of Appeal affirmed.