Kline v. Doughboy Recreational Manufacturing Co.

OPINION

KALITOWSKI, Judge.

This case arises out of injuries caused when respondent Lucinda Kline dove into her above-ground swimming pool in 1984. Respondents filed suit against appellant in 1987 claiming the injuries occurred because the pool was defective in design and unsafe for its intended use.

*437Denying appellant’s summary judgment motion, the trial court ruled as a matter of law that the swimming pool was not a permanent improvement to real property and respondents’ claims were not barred by a two-year statute of limitations. The case proceeded to trial which resulted in a jury verdict for…