Company seeks release from pool suitA California company involved in a local lawsuit is requesting a dismissal.
By: Anna Jauhola, The Daily Republic
A California company involved in a local lawsuit is requesting a dismissal.
Artistic Coverings Inc. is one of three companies Nautilus Insurance Company is suing for payment regarding a pool that collapsed in 2010 in Mitchell.
In February 2010, the Mitchell Aquatic Club set up a portable pool purchased from EZ Pool Products Inc., of California.
Three weeks later, the pool collapsed, flooding neighboring businesses in the North Star Plaza in Mitchell.
Artistic Coverings filed a request Oct. 31 that claims against the company be dropped because the court doesn’t have jurisdiction over the company.
Troy Robinson, president of Artistic Coverings, gave an affidavit in October stating the company does not make pool liners and never has.
The affidavit states the company printed “the line on the vinyl” for use in pools manufactured by EZ Pool Products in 2009, but didn’t know in which pools EZ would use the liners.
The company states it has not had further involvement with EZ Pool Products.
The affidavit also stated Artistic Coverings never had a contract with MAC or anyone else in South Dakota.
Nautilus Insurance is suing EZ Pools, Artistic Coverings, Seaman Corp. and other defendants for $47,113.70.
The company has already paid MAC $40,405.70 after the club paid its $1,000 deductible.
In other action related to the case, Nautilus is asking for $5,708 in costs associated with filing the lawsuit.