Judge sets Mitchell Aquatic Center pool judgment aside [The Daily Republic, Mitchell, S.D.]
| By Chris Mueller, The Daily Republic, Mitchell, S.D. | |
| McClatchy-Tribune Information Services |
District Judge
Seaman's role in the manufacturing of the pool was limited to the liner on the walls of the pool, according to the company.
The judgment was issued after
But Bjorkman set aside that judgment now that
Attorneys for
Artistic Coverings claims it only printed a line on the liner of the pool. EZ Pool manufactured and sold the pool to the MAC for
Artistic Coverings requested this fall to be dismissed from the case, claiming
Bjorkman said he will issue a ruling on whether to dismiss Artistic Coverings from the lawsuit at a later date.
Tuesday's proceedings all related to a complaint filed by
The attorney for
Casey said
"Unfortunately, it assumed wrong," he told
Casey said an inspection of the pool in
Nautilus said in court that it has not determined a definitive cause of the pool collapse.
Attorney
"
After listening to arguments from both attorneys,
The motion was granted with terms allowing
The court then turned to Artistic Coverings' request to be dismissed from the lawsuit.
He added because all the company's activities in the case occurred in
Attorney Bunkers argued that Artistic Coverings knew, or should have known, that EZ Pool would sell its product in
Bunkers also disputed Artistic Coverings' purported role in the production of the pool's liner.
"We think (Artistic Coverings) provided more than just the printing," she said. "We think they provided the liner."
Clarke denied Artistic Coverings provided the liner for the MAC's pool.
The court then heard EZ Pool's cross claim against Artistic Coverings, in which EZ Pool is seeking to keep Artistic Coverings as a co-defendant in the suit
Attorney for EZ Pool,
___
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