Abstract: EMPLOYEE #1 HAD COMPLETED HIS REGULAR WORKSHIFT FROM 5 PM TO 1 AM ON JULY 10, 1987. HE WORKED AS A DRIVER FOR THE MOTEL AS WELL AS WORKING PART TIME AS A COOK IN THE MOTEL RESTAURANT. AFTER FINISHING HIS WORKSHIFT ON THIS PARTICULAR EVENING, EMPLOYEE #1 TOLD ANOTHER WORKER THAT HE WAS GOING TO GO FOR A SWIM IN THE MOTEL POOL WHILE HE WAITED FOR A FRIEND TO PICK HIM UP. EMPLOYEE #1 HAD NOT ASKED THE MOTEL MANAGER FOR PERMISSION TO SWIM AND WAS THUS ACTING WITHOUT HIS KNOWLEDGE OR CONSENT. MOTEL REGULATIONS, POSTED ON TWO SIGNS ON THE FENCE AROUND THE POOL, STATED THAT THE MOTEL POOL CLOSED AT 10 PM. EMPLOYEE #1'S FRIEND ARRIVED SHORTLY AFTER 1:10 AM TO FIND EMPLOYEE #1, WHO COULD NOT SWIM, AT THE DEEP END OF THE POOL. THE FRIEND PULLED EMPLOYEE #1 FROM THE WATER AND CALLED FOR HELP. ALL ATTEMPTS AT RESUSCITATION FAILED.