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Anthony Pools v. Sheehan

Court of Appeals of Maryland

295 Md. 285, 455 A.2d 434 (1983)

Facts

John and Pilar Sheehan (plaintiffs) sued Anthony Pools (defendant), a division of Anthony Industries, Inc. (Anthony), after John slipped and fell from a diving board in his swimming pool that was designed, manufactured, and installed by Anthony. Under the contract, Anthony had agreed to construct and sell a swimming pool and related equipment, including the diving board, which was an optional accessory. The contract excluded any warranties other than those stated in the contract. The Sheehans brought claims for strict liability in tort and breach of the implied warranty of merchantability. The trial court issued a directed verdict for Anthony on the warranty claim based on the contract’s warranty disclaimer. The jury found in favor of Anthony on the strict-liability claim. The Sheehans appealed. The court of special appeals reversed and remanded, finding that the pool purchased by the Sheehans was a consumer good and that Anthony’s warranty disclaimer was therefore ineffective. The court of appeals granted Anthony’s petition for certiorari.

Rule of Law

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Holding and Reasoning (Rodowsky, J.)

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