Morse v. City of Toppenish

This appeal challenges a summary judgment granted Ocean Pool Supply Co., Inc., and Arcadia Air Products Co. dismissing the Morses claims and the City of Toppenish's cross claims. We reverse.

On August 5, 1982, 14-year-old Daniel Morse was attending a swimming team function at the Toppenish Municipal Swimming Pool. That evening, he dove into the pool from a 14-foot "Duraflex" diving board attached to a 3-meter diving stand. The board was purportedly manufactured by Arcadia Air Products Co. and sold to the City of Toppenish by Ocean Pqol Supply Co., Inc.

Daniel's head struck the bottom of the…