Thomaston v. Fort Wayne Pools, Inc.

Banke, Presiding Judge.

The appellant was seriously injured when he dove into the shed-low end of a swimming pool at the home of his uncle and aunt. He filed the present action against the appellees, who are the manufacturer of the kit from which the pool was constructed, the distributor of the kit, and the supplier of the vermiculite used in the pool’s foundation, alleging that the design and construction of the pool were defective. Prior to filing suit, the appellant had settled a claim against his aunt and uncle and their insurance carrier based on the same injuries. The trial court granted…