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BUNCH v. HOFFINGER INDUSTRIES, INC.

No. C040177.

20 Cal.Rptr.3d 780 (2004)

123 Cal.App.4th 1278

Leesa BUNCH, a Minor, etc., Plaintiff and Respondent, v. HOFFINGER INDUSTRIES, INC., et al., Defendants, Cross-Defendants and Appellants; McMasker Enterprises, Inc., Cross-Complainant and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied December 7, 2004.

Review Denied February 16, 2005.

Certiorari Denied October 3, 2005.

Attorney(s) appearing for the Case

Finley and Buckley, Timothy J. Buckley III, Chad D. Graddy, Dennis A. Brown III, Atlanta, GA; Foley & Lardner and Robert J. Wenbourne, Sacramento, for Defendants, Cross-Defendants and Appellants.

James A. Henderson, Jr., and Aaron D. Twerski, New York, NY, for amicus curiae Aqua Magazine on behalf of Defendants, Cross-Defendants and Appellants.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos, Sacramento; Charter Miller Davis and Whitney Davis, Sacramento, for Plaintiff and Respondent.

Jeffrey G. Nevin Law Corporation and Jeffrey G. Nevin, San Francisco, for Cross-Complainant and Respondent.

Certified for Partial Publication.*

Certiorari Denied October 3, 2005. See 126 S.Ct. 344.

RAYE, J.

One hot summer day, 11-year-old Leesa Bunch (Bunch) dove into a four-foot deep, aboveground swimming pool and changed her life forever. Rendered quadriplegic by the dive, Bunch eventually filed suit against, among others, defendants Hoffinger Industries, Inc., doing business...

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