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McCORMICK v. CUSTOM POOLS, INC.

No. CX-85-784.

376 N.W.2d 471 (1985)

Larry McCORMICK, Appellant, v. CUSTOM POOLS, INC., Clayton and Lambert Manufacturing Company, Respondents.

Court of Appeals of Minnesota.

Review Denied December 30, 1985.

Attorney(s) appearing for the Case

John W. Carey, Fairfax, for appellant.

Barry G. Vermeer, Minnetonka, for Custom Pools, Inc.

Bruce D. Elliott, Minneapolis, for Clayton and Lambert Mfg. Co.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and PARKER, FOLEY, HUSPENI, FORSBERG, RANDALL and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

Appellant Larry McCormick brought this product liability action against Respondent Clayton and Lambert Manufacturing Company (C & L) and Respondent Custom Pools, Inc. (Custom Pools) to recover for the injuries he sustained when he dove into a swimming pool and struck his head on the bottom of the pool. The trial court awarded summary judgment against McCormick and in favor of C & L and Custom Pools. McCormick appeals from...

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