Pool lawsuits combinedInsurance company, local plaintiffs now joined in litigation arising from collapse.
By: Chris Mueller, The Daily Republic
A judge has combined two lawsuits stemming from the 2010 collapse of the Mitchell Aquatic Club’s above-ground indoor pool.
Following a Feb. 20 hearing, Judge Pat Smith combined two lawsuits filed against the MAC — one by James and Kimberly Miiller, owners of Scrappin’ Ladies 2, and another filed by Nautilus Insurance Co., the MAC’s insurance provider.
Because both lawsuits arose out of the collapse of the MAC’s pool, Smith decided “it would be a waste of judicial resources” to try the cases separately, and would also risk the possibility of inconsistent results, court documents say.
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 North Main Street. The MAC installed another aboveground 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.
Seaman Corp. and Artistic Coverings have both now been added as defendants in the Miillers’ suit.
Kimberly Miiller died Jan. 25, but is still named in court documents. The complaint has been amended to name “the estate of Kimberly Miiller” as a plaintiff.