He dove into a section of the pool that appeared to be darker, thereby believing it to be deep. The pool was only 4 feet deep and as a result, his head struck the bottom and he suffered a C5 fracture dislocation of his cervical spine. The allegations in the case were against the casino for failing to properly mark the pool and provide adequate warning of its shallow depth in violation of local ordinances and safety practices. The claim was also against responding emergency personnel for failure to immobilize his cervical spine prior to transportation and as a result, he suffered an injury to his cervical spinal cord, rendering him an incomplete quadriplegic. The plaintiff was employed at the time of the incident and due to the injury, he was rendered permanently disabled and unable to work. His medical bills were $400,000 and the claim was that he would not be able to return to gainful employment. Defendants contended that the plaintiff was intoxicated and failed to look before he dove into the pool and the cause of the injury was his own negligent conduct.