Mitchell Aquatic Club's insurance company sues pool maker over 2010 collapse, spillAlthough the Mitchell Aquatic Club has been reimbursed for damages caused by a collapsed pool in February 2010, the club’s insurance company is suing EZ Pool Products to recover its money.
By: Anna Jauhola, The Daily Republic
Although the Mitchell Aquatic Club has been reimbursed for damages caused by a collapsed pool in February 2010, the club’s insurance company is suing EZ Pool Products to recover its money.
Nautilus Insurance Company filed an amended lawsuit against EZ Pool Products in Davison County in September. Nautilus is alleging negligence, strict liability and breach of warranty against EZ Pool Products, according to court documents.
The MAC ordered and received a portable swimming pool from EZ Pool Products in 2010 after the Mitchell School District chose to close its pool at the middle school, which the MAC had used. The portable pool was assembled in February but collapsed after three weeks, flooding other businesses in the North Star Plaza on Main Street.
Some of those tenants have not been reimbursed for damages or financial losses, which range from $65,000 to more than $100,000.
Nautilus is claiming damages suffered in the amount of $47,113.70. MAC paid its deductible of $1,000 and Nautilus paid the club $40,405.70, according to court documents.
Nautilus is also asking for $5,708 in costs associated with filing the lawsuit.
Nautilus alleges that EZ Pool Products and Artistic Coverings, of the Seaman Corp., were negligent in properly warning consumers of risks, dangers and damage the pool could cause, and that the company did not “properly prepare, design, research, develop, manufacture, inspect, label, market, promote and sell” the pool.
Nautilus also alleges that the pool delivered was “defective in design or formulation” because it arrived in Mitchell “without substantial change in condition.”
Nautilus also alleges EZ Pool Products breached its warranty by allowing a defective product to be sold.