Legal Opinion
Fleck v. KDI Sylvan Pools, Inc.
Court of Appeals for the Third Circuit
Decided December 4, 1992No. Nos. 91-2045, 91-2090, 92-1001, 92-1077, 92-1090, 92-1137, 92-1138 and 92-1165PublishedCited by 136 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Richard Fleck dove into a three-and-half foot deep above-ground swimming pool, broke his neck, and was rendered a quadriplegic. The pool and its replacement pool liner did not have depth markers or “No Diving” warnings. The Flecks contended that the homeowner was negligent and that the sellers of the pool and replacement liner were strictly liable for failing to warn under Pennsylvania law.
I
FACTS AND PROCEDURE
In 1971, KDI Sylvan Pools, Inc. sold an above-ground pool for $875 to a homeowner. The pool was damaged in a hurricane, and in 1972 Sylvan…
2Cases cited58 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Davis v. WakeleeSupreme Court of the United States · 1895
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
- Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
53 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
- Barna v. Board of School Directors of the Panther Valley School DistrictCourt of Appeals for the Third Circuit · 2017
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
131 more not listed; retrieve them via the Exa API.