Legal Opinion

Luebbers v. Fort Wayne Plastics, Inc.

Supreme Court of Virginia

Decided February 27, 1998No. Record 971039PublishedCited by 10 opinions

1Opinion of the CourtJustice Koontz

The issue we consider in this appeal is whether certain items used in the construction of a swimming pool are ordinary building materials rather than “equipment” within the meaning of Code § 8.01-250, a statute of repose.

The essential facts are not in dispute. Fort Wayne Plastics, Inc., doing business as Fort Wayne Pools, Inc. (Fort Wayne), was a manufacturer of various structural component materials for in-ground swimming pools. These items included steel panels, braces, and vinyl liners used in conjunction with aluminum coping, for which Fort Wayne was a distributor, to form the walls and…

2Cases cited3 opinions

  1. Cape Henry Towers, Inc. v. National Gypsum Co.Supreme Court of Virginia · 1985
  2. Eagles Court Condominium Unit Owners Ass'n v. Heatilator, Inc.Supreme Court of Virginia · 1990
  3. Grice v. Hungerford Mechanical Corp.Supreme Court of Virginia · 1988

3Cited by10 opinions

  1. Cooper Industries, Inc. v. MelendezSupreme Court of Virginia · 2000
  2. Baker v. Poolservice CompanySupreme Court of Virginia · 2006
  3. Kohl's Department Stores, Inc. v. Target Stores, Inc.District Court, E.D. Virginia · 2003
  4. Royal Indem. Co. v. TYCO FIRE PRODUCTS, LPSupreme Court of Virginia · 2011
  5. Twinco Romax Automotive Warehouse, Inc. v. Olson General Contractors, Inc.Court of Appeals of Minnesota · 2002

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