Property owner enters legal fray in pool collapse caseThe owner of Northstar Plaza, site of the 2010 pool collapse at the Mitchell Aquatic Club, is denying any liability for damage caused by the collapse and has filed cross-claims against the club and its pool’s manufacturer.
By: Chris Mueller, The Daily Republic
The owner of Northstar Plaza, site of the 2010 pool collapse at the Mitchell Aquatic Club, is denying any liability for damage caused by the collapse and has filed cross-claims against the club and its pool’s manufacturer.
Weber & B Unlimited LLC filed a response Feb. 21 to a lawsuit filed by James Miiller and Kimberly Miiller, owners of Scrappin’ Ladies 2, denying allegations the company should be among those liable for damages caused by the collapse of the MAC’s above-ground pool on Feb. 28, 2010.
The Miillers’ lawsuit references damages as high as $100,000.
Both the MAC and Scrappin’ Ladies 2 are located at the Northstar Plaza on North Main Street Mitchell, and each has a lease agreement with Weber & B.
According to Weber & B’s response, James Miiller and Kimberly Miiller began a two-year lease with Weber & B on Jan. 1, 2009, and have remained tenants since that time.
It also states the Miillers are several months behind on rent payments.
The MAC began a four-year lease with Weber & B on Jan. 1, 2010.
In its response, Weber & B says the Miillers’ lease “clearly and unequivocally” shifts the risk of loss of personal property and damage to leased property, for any reason, to the Miillers. It also claims the lease releases it from all claims and liabilities, including claims made in the Miillers’ lawsuit.
Weber & B also claims the terms of its lease give it an “absolute and unqualified” right to compensation from the Miillers for damage caused to the leased property, as well as all its attorney’s fees and other legal expenses.
In addition to the response, Weber & B filed cross-claims against other defendants involved in the Miillers’ lawsuit — the MAC and pool manufacturer EZ Pool Products, Inc.
Weber & B says its lease with the MAC makes the club liable for all damages, claims and injuries sustained by Weber & B due to the MAC’s use of the leased property, including the pool collapse. The lease also required the club to obtain $100,000 of insurance coverage for any damages caused to the property.
Weber & B’s cross-claims allege both the MAC and EZ Pool could owe damages to Weber & B if either is found responsible for the pool’s collapse.
The MAC filed a response to the Miillers’ lawsuit on Feb. 3 denying any responsibility for the collapse of its pool and any liability for damage.
Another lawsuit by the MAC’s insurance provider, Nautilus Insurance Co., of Scottsdale, Ariz., against several companies involved in the manufacture of the collapsed pool is still ongoing.