 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyers v. Donnatacci6/12/1987
This is a motion for summary judgment brought by Defendant National Spa and Pool Institute ("NSPI") improperly pleaded as National Swimming Pool Institute. The underlying cause of action involves injuries sustained in a swimming pool accident. The novel question presented is whether a trade association owes a duty of care or assumes a duty not otherwise owed to any user of a product manufactured and/or designed by members of that association. The court is convinced that there is no duty owed or assumed and therefore grants summary judgment on behalf of NSPI.
On August 18, 1984, Plaintiff Richard Meyers ("Plaintiff") sustained severe personal injuries when he dove into the shallow end of an in-ground swimming pool at the home of Defendants Michael and Donna Donnatacci ("Donnatacci") where he was invited for a barbecue and swim party. Plaintiff has been rendered a quadriplegic as a result of the dive.
Plaintiff filed a Complaint against Donnatacci, the homeowners; Fox Pools, Inc., Fox Pool Corporation, Fox Industries and Fox Pools of York, Inc. ("Fox Pools"), the manufacturer of the subject pool and vinyl liner; Rin Robyn Swimming Pools,
Inc. ("Rin Robyn"), the distributor and installer of the subject pool; and National Spa and Pool Institute ("NSPI"), the trade association wherein Rin Robyn and Fox Pools were members, alleging negligence against all defendants.
The remaining counts of the Complaint allege strict liability, breach of implied warranties and violation of the Consumer Product Safety Act against Fox Pools and Rin Robyn. Plaintiff seeks compensatory damages from all defendants. Only Donnatacci and Rin Robyn asserted cross-claims against NSPI.
NSPI seeks an order granting summary judgment as to all claims and crossclaims asserted against it arguing that it owed no legally recognized duty to Plaintiff. Plaintiff has filed opposition to NSPI's motion.
It is uncontroverted that NSPI is a non-profit corporation organized in 1956. It is also uncontroverted that NSPI is not a manufacturer, fabricator, designer, builder, supplier, installer or wholesale or retail seller of swimming pools or pool equipment. NSPI is a voluntary trade association comprised of several hundred representatives from swimming pool manufacturers, maintenance firms, distributors, officials from the public health and safety sector, the American Red Cross, YM and YWCA groups, the International Association of Plumbing and Mechanical Officials and a number of coaches, physicians and teachers who are involved in swimming and aquatics.
On January 1, 1974, NSPI promulgated a revised set of standards entitled "Suggested Minimum Standards for Residential Swimming Pools" ("Standards"). To develop the standards, drafts were circulated to the NSPI membership and industry and public officials to solicit their comments. Scheduled meetings were arranged for those solicited to give them an opportunity to participate in developing the Standards. The cover page of the Standards states a compliance date of January
1, 1974. The Appendix to the Standards states, among other things, that the "safety of swimming pools extends beyond design and construction standards and includes many other elements among which are the provision of ancillary facilities and equipment, the restriction or prohibition of selected activities of swimmers and bathers, and various operational and maintenance procedures."
Prior to the issuance of the Standards, NSPI was aware that safety was a crucial element in swimming pool use.
Page 1 2 3 4 5 6 7 8 9 New Jersey Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|