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JONATHAN v. KVAAL

No. C6-86-1456.

403 N.W.2d 256 (1987)

Dale Wayne JONATHAN, Appellant, v. Daniel R. KVAAL, Doughboy Recreational, Respondents.

Court of Appeals of Minnesota.

Review Denied May 20, 1987.

Rehearing Denied June 30, 1987.

Attorney(s) appearing for the Case

Leo F. Feeney, Corey L. Gordon, Robins, Zelle, Larson & Kaplan, St. Paul, for appellant.

James A. Reding, Richard S. Stempel, Reding & Votel, St. Paul, for Kvaal.

Paul C. Kunert, Sahr, Kunert & Tambornino, Minneapolis, for Doughboy Recreational.

Before Heard, considered and decided by the full court sitting en banc.

OPINION

FOLEY, Judge.

This case arises from a swimming pool accident that rendered appellant Dale Wayne Jonathan a quadriplegic. Jonathan sued the pool's manufacturer, respondent Doughboy Recreational, asserting strict liability, negligence and breach of warranty, and the pool's owner, respondent Daniel R. Kvaal, for negligence. Following cross-motions for summary judgment, the trial court entered judgment for Doughboy and Kvaal, finding Jonathan's injuries...

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