Anthony Pools v. Sheehan
Court of Appeals of Maryland
295 Md. 285, 455 A.2d 434 (1983)
- Written by Mary Pfotenhauer, JD
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
Issue
Holding and Reasoning (Rodowsky, J.)
What to do next…
Here's why 826,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 991 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.