Pool collapse lawsuits could be combinedLocal plaintiffs seek to join insurance company in suing pool makers.
By: Chris Mueller, The Daily Republic
Two ongoing lawsuits involving the 2010 collapse of the Mitchell Aquatic Club’s indoor above-ground pool should be combined, says an attorney involved in one of the cases.
Jim Davies, attorney for James and Kimberly Miiller, owners of Scrappin’ Ladies 2, filed a motion last week to combine the Miillers’ ongoing lawsuit with another filed by Nautilus Insurance Co., the MAC’s insurance provider.
Since both cases involve common allegations relating to the pool’s collapse, they should be combined to avoid unnecessary delay, save on costs and “avoid the potential conflict of inconsistent results,” Davies says in court documents.
Scrappin’ Ladies 2, a scrapbooking supply store, was damaged when the MAC’s pool collapsed and sent water rushing out into the streets and into neighboring businesses. The lawsuit seeks money for those damages, which the plaintiffs claim may exceed $100,000.
Both Scrappin’ Ladies 2 and the MAC are located in the Northstar Plaza in the 1400 block of N. Main Street. The MAC installed another above-ground pool after the collapse.
The Miillers’ lawsuit was filed in January 2012. They claim the MAC, as well as the manufacturer of the pool, EZ Pool Products Inc., and property owner Weber & B Unlimited LLC were all negligent and should be liable for damages caused by the collapse.
The MAC, EZ Pool Products and Weber & B have all denied the allegations in the Miillers’ suit.
Nautilus, of Scottsdale, Ariz., is seeking compensation from several companies — EZ Pool Products, of Laguna Niguel, Calif., Seaman Corp., of Wooster, Ohio, and Artistic Coverings Inc., of Cerritos, Calif. — involved in the manufacture of the pool after paying the MAC more than $40,000 for damages caused by the pool’s collapse.
Nautilus filed its lawsuit in 2011.
Davies also filed an amended complaint, which adds Seaman Corp. and Artistic Coverings as defendants in the Miillers’ case.
According to court documents, Seaman Corp. and Artistic Coverings both manufactured liners used in the pool, which was sold to the MAC by EZ Pool Products.
Kimberly Miiller died Jan. 25, but is still named in court documents. The complaint was amended to name “the estate of Kimberly Miiller” as a plaintiff.
A hearing on the motion has been scheduled for next week.