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MEYERS v. DONNATACCI

220 N.J. Super. 73 (1987)

531 A.2d 398

RICHARD MEYERS, PLAINTIFF, v. MICHAEL DONNATACCI, DONNA DONNATACCI, FOX POOL CORPORATION, RIN ROBYN SWIMMING POOLS, INC. AND NATIONAL SWIMMING POOL INSTITUTE, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided June 12, 1987.

Attorney(s) appearing for the Case

Raymond P. D'Uva, for plaintiff (Rodino, Forman & D'Uva, attorneys).

Robert A. Auerbach, for defendants Michael and Donna Donnatacci.

Daniel M. Hurley, for defendant Fox Pool Corporation (Hurley & Vasios, attorneys).

Charles R. Melli, Jr., for defendant Rin Robyn Swimming Pools, Inc. (Melli & Doyne, attorneys).

Michael D. Loprete, for defendant National Spa and Pool Institute (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys).

BOYLE, J.S.C.

This is a motion for summary judgment brought by Defendant National Spa and Pool Institute ("NSPI") improperly pleaded as National Swimming Pool Institute. The underlying cause of action involves injuries sustained in a swimming pool accident. The novel question presented is whether a trade association owes a duty of care or assumes a duty not otherwise owed to any user of a product manufactured and/or designed by members of that association. The court...

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