Sued firm: Welding defect to blame for pool case [The Daily Republic, Mitchell, S.D.]

Dec. 22--A pool liner manufacturing company is disputing a judgment against it for a 2010 pool collapse in Mitchell.

The liner company claims "welding defects in the pool bottom" caused the collapse, not defects in the company's liner.

The Seaman Corp., of Wooster, Ohio, filed a motion Dec. 14 to vacate a default judgment against the company entered Nov. 22 by Judge Tim Bjorkman.

Nautilus Insurance Company, which covers the Mitchell Aquatic Club, filed the lawsuit in August. Nautilus, which is seeking to recoup the money it paid to the club, blamed EZ Pool Products Inc., Artistic Coverings and Seaman Corp. for the pool collapse.

The judgment was entered due to a lack of response from Seaman Corp. The judgment ordered that the company pay about $50,000 to Nautilus.

The Mitchell Aquatic Club purchased a portable swimming pool from EZ Pool Products Inc., of California, in late 2009 and set up the pool in early 2010.

The pool collapsed in February 2010, sending about 85,000 gallons of water rushing into neighboring businesses in the NorthStar Plaza on Main Street in Mitchell.

Anthony Pendolino, a financial analyst for Seaman Corp., said in an affidavit that the company is not responsible for the pool collapsing. He said a joint inspection of the collapsed pool was conducted in March 2010.

"The inspection by our investigator disclosed that failure of the fabric involved welding defects in the pool bottom," Pendolino is quoted as saying in the affidavit.

"Seaman had only provided fabric for the sidewalls of the pool."

In a related matter, the court has set a January date for a hearing to consider the dismissal of Artistic Coverings Inc., of California, from the case.

Artistic Coverings submitted an affidavit in October stating the company only printed "the line on the vinyl" for use in pools manufactured by EZ Pool Products in 2009. Artistic Coverings also claimed the court doesn't have jurisdiction over the company.

EZ Pool has filed a response to the lawsuit in which the company denied all allegations.

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